SHIV POOJAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
NABAIL/251/2025 · 2025-11-06
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 180300 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 180300 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 251 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for applicants and learned AGA appearing on behalf of State. This first anticipatory bail application has been filed with regard to Case Crime No. 214 of 2024 under Sections 115 (2), 352, 351(3), 324(4), 110, 109 & 3(5) B.N.S. Police Station Akhand Nagar, District Sultanpur. As per contents of First Information Report, incident is said to have taken place on 04.07.2024 at about 07:45 PM when the applicants alongwith co- accused are said to have attacked and seriously injured the informant and his family members. It is submitted that applicants have been falsely implicated in allegations levelled against them which would be evident from the fact that only general allegations of causing injuries has been levelled without any specific role being assigned to applicants. It is submitted that even otherwise only simple nature of injuries have been indicated which would not reflect upon applicability of Section 109 B.N.S. Learned AGA appearing on behalf of State has opposed bail application with the submission that C.T. scan report is still awaited which only would determine applicability of Section 109 BNS. It has been further submitted that charge sheet has been filed. Versus Counsel for Applicant(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Opposite Party(s) : G.A., Dr. Pooja Singh Shiv Poojan And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s)
On due consideration to the general nature of allegations levelled in the prosecution case; nature of injuries sustained by two injured; the bail order of co-accused Ajay Kumar @ Gautam and Dharmendra and the fact charge sheet has been filed and the undertaking given on their behalf to cooperate with the trial, this Court is of the considered opinion that the applicants are entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to their cooperation in the trial. In view of the above, the accused-applicants Shiv Poojan and Ram Jais are directed to surrender before the trial court within a period of ten days from today.
Upon their surrender, the trial court shall release them on anticipatory bail, subject to their furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicants; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming their independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. November 6, 2025 R.C.
NABAIL No. 251 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench