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2025 DAILYLAW 177704 (ALL)

PARAG DATT YADAV @ PARAG YADAV v. THE STATE OF U.P. THRU. ITS ADDL. CHIEF PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1904/2025 · 2025-12-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1904 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.153 of 2025 under sections 125(A), 352, 351(3), 115(2), 118(2) BNS, P.S. Utraula, district Balrampur. 2.Heard learned counsel for the applicant, learned counsel for the complainant and learned Additional Government Advocate for the State as also perused the written instructions which are taken on record. 3.Mr. Alok Tiwari, learned A.G.A. has submitted that the injured was treated in Joint District Hospital, Balrampur on 25.9.2025 at 10.35p.m.. He was referred to KGMU Trauma Centre, Lucknow on the same date in the night. Thereafter, he has been treated at KGMU, Lucknow. It is submitted that inadvertently, in the records of KGMU, 24th September, 2025 was mentioned which has been clarified by Dr.Amiy Agrawal, Professor (Junior Grade) vide his letter dated 10.12.2025 that the injured Bhagauti Prasad came to Trauma Centre, KGMU Lucknow in the morning at 3.28 on 26.9.2025. He remained under treatment till 4th October, 2025 and on that date, he was discharged. 4.It is alleged in the prosecution case that relating to trivial issue where the accused persons were placing door in the lane belonging to the complainant and on objections being raised by father of the complainant Bhagauti Prasad, the accused persons hurled abuses and while threatening Versus Counsel for Applicant(s) : Ripu Daman Shahi, Iqbal Ahmad Counsel for Opposite Party(s) : G.A., Anjali Verma, Rinku Verma Parag Datt Yadav @ Parag Yadav .....Applicant(s) The State Of U.P. Thru. Its Addl. Chief Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) to kill went. Again, they came to the house of the complainant and attacked with bricks and stones. Due to that, Bhagauti Prasad has suffered grievous injuries in his head and jaw. When the sister of the complainant Reema Verma, and other family members came to rescue, they were also beaten, due to that, they also sustained injuries. 5.Learned counsel for the applicant submits that out of four, two real brothers have been falsely implicated. The allegation of causing grievous injury is on the co-accused Manish Yadav according to the own statement of Bhagauti Prasad, placed on record at page 32 of the paper book. General allegation has been made on the rest of the accused persons. . It is a case of false implication. 6. Learned Addl. Government Advocate, per contra, has opposed the prayer made by applicant's counsel. It is submitted that in this case five persons have sustained injuries. The injured Bhagauti Prasad has been treated in KGMU from 26.9.2025 to 4.10.2025. He has suffered grievous injuries in his jaw as well as face. He is seventy year old. There are four other injured in this case, i.e. Laxmi Verma, Reema Devi, Sakshi Verma and Dhanwati. The injured have supported the case of the prosecution in their statement under section 180 BNSS. It is not a case of false implication. 7.Considering the above aspects of the matter, perusal of the record and also the statement of the injured, injury reports of five injured, it does not appear to be a case of false implication. No case for anticipatory bail is made out. The application is accordingly rejected. However, it is provided that in case the applicant files a regular bail application, the same may be decided expeditiously, as per law. December 11, 2025 kkb/ NABAIL No. 1904 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench