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2025 DAILYLAW 180598 (ALL)

MOHAMMAD WASI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/1947/2025 · 2025-12-09

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. - 1947 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed by the applicant seeking anticipatory bail in Case Crime No. 0524 of 2025, under Sections 115(2)/352/117(3)/351(3) B.N.S., Police Station Thakurganj, District Lucknow. Learned counsel for the applicant submits that during the alleged incident, the applicant also sustained injuries. It is contended that he has been falsely implicated in the present case. The applicant has no previous criminal history. Learned A.G.A. on the other hand, has opposed the bail application and submits that the injured, Mohd. Raiz, was subjected to medico- legal examination. Perused the record as well as the case diary provided by the learned A.G.A.. Perusal of the medico legal examination report shows that the injured sustained: (i) injury no. 1 — lacerated wound measuring 1.5 cm on the tip of the right index finger; (ii) injury no. 2 — vertical abrasion measuring 8 × 0.5 cm on the Versus Counsel for Applicant(s) : Samrat Gupta Counsel for Opposite Party(s) : G.A. Mohammad Wasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) middle of the anterior side of the neck extending towards the base near the thyroid cartilage. Both injuries were initially opined to be simple in nature. However, in the supplementary medical report of Balrampur Hospital dated 02.09.2025, it has been opined that the digital part of the terminal phalanx of the middle finger of the left hand is not visualized, and therefore injury no. 1 is grievous in nature, which is also apparent from the X-ray. As per the statement of Dr. Karamveer Singh, injury no. 1 is grievous in nature. The prosecution witnesses have supported the prosecution case. The injured, Mohd. Raiz, has also supported the prosecution case and has made specific allegations against the applicant regarding causing the said grievous injury. On due consideration of the case diary produced by the learned A.G.A., the injury report, the statements of the injured and other witnesses, the gravity of the offence, the nature of the injury, and the sentence provided under Section 117(3) B.N.S., which prescribes a minimum punishment of ten years, and further considering that anticipatory bail is an extraordinary remedy to be exercised only in exceptional circumstances where the Court is satisfied that the applicant has been falsely implicated or where no material exists to justify custodial interrogation, this Court is not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application is dismissed. December 9, 2025 Madhu D.R/P.S NABAIL No. 1947 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench