SHIV PATI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1723/2025 · 2025-11-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181136 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1723 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Vakalatnama filed by Shri Shivam Bajpai, Advocate on behalf of the complainant/opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record. 3. The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 0211 of 2025, under sections 191(2), 115(2), 352, 351(3) of B.N.S, P.S. Maharajganj, District Raebareli. 4. The submission of learned counsel for the applicant is that the applicant is innocent, has no previous criminal history and has been falsely implicated in the present case. A civil suit is pending between the parties and it is a case of false implication. 5. Learned A.G.A for the State as well as learned counsel for the complainant, on the other hand, have opposed the prayer for anticipatory bail. 6. Perused the record. 7. Upon due consideration of the statement of the injured, namely Nisha, who in her statement has stated that her devrani was three months pregnant, who was badly beaten due to which bleeding started, her husband and jeth also suffered serious injuries in their head. The other injured persons in the same line have also corroborated the prosecution version. There are general allegations of committing an offence upon seven accused persons with an axe, spade, lathi and danda. Dr. Sanjay Kumar Rai, who had examined the injured has stated that the injured Ram Abhilash sustained injuries to his head Versus Counsel for Applicant(s) : Kaustubh Singh Counsel for Opposite Party(s) : G.A., Shivam Bajpai Shiv Pati And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
and hand and injured Hari Prasad received wounds to his forehead and hand causing one of his fingers to be cut off. After their examination, the injured were referred to the District Hospital. He has also examined Rachana, another injured, who got operated due to injuries sustained in the incident.
It is also borne out from the record that the injured Hari Prasad suffered an injury in his finger and his forehead, injured Ram Abhilash has suffered injury in his head, the nephew of the complainant has suffered serious injury in his hand, thus, considering the nature of the injuries sustained by the injured, the statement of the injured, the opinion of the doctor who examined the injured, the complicity of the applicants is prima facie evident and it cannot be said that it is a case of false implication or the applicants have been implicated in the present case, I do not find it a fit case for grant of anticipatory bail. 8. Accordingly, the application for anticipatory bail stands rejected. November 18, 2025 DiVYa NABAIL No. 1723 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench