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2025 DAILYLAW 180628 (ALL)

MUKESH KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1807/2025 · 2025-11-25

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. - 1807 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/F.I.R. No. 27 of 2025 Under Section 115(2), 352, 351(3), 118(1), 117(2), 110 B.N.S., Police Station - Paraspur, District - Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State as well as Shri Dinesh Kumar, learned Advocate who has filed Vakalatnama on behalf of the complainant is taken on record. According to the prosecution, due to a dispute over land, four accused persons, armed with lathis and dandas, assaulted the complainant’s brother while abusing him, causing grievous injuries. Learned counsel for the applicant submits that the offences alleged are punishable with imprisonment up to seven years and the charge sheet has already been filed on 09.05.2025. It is submitted that the applicant cooperated throughout the investigation and the prosecution case contains general allegations against all the accused, including the applicant. It is further submitted that no grievous injury has been inflicted on any vital part of the injured; the injuries include a fracture on the fifth metacarpal bone and another fracture of the left radius/ulna. Learned AGA and learned counsel for the complainant have opposed the bail application. Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Mukesh Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Upon due consideration to the general nature of the allegations, the fact that three real brothers and the uncle of the applicant have been implicated, the offences being triable by a Magistrate and punishable up to seven years, the filing of the charge sheet, the undertaking given on behalf of the applicant to cooperate in the trial, as well as the injury report, this Court is of the view that the applicant is entitled to anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his cooperation during the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his 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 applicant 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 applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant 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 applicant; 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 applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. November 25, 2025 R.C. NABAIL No. 1807 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench