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2025 DAILYLAW 181242 (ALL)

VIMAL KUMAR ALIAS ASHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/9856/2025 · 2025-11-03

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9856 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Sri Hari Prasad, learned counsel for the petitioner and R.S. Dwivedi, learned Additional Government Advocate for the State- opposite parties No.1 to 3. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioner has assailed the impugned FIR dated 04.10.2025 bearing FIR/Case Crime No.0219 of 2025, under Sections 87 of Bharatiya Nyaya Sanhita, 2023, Police Station- Nagaram, District- Lucknow, which is contained as Annexure No.1 to the writ petition, so far as it relates to the present petitioner. 4. Sri R.S. Dwivedi, learned Additional Government Advocate has produced a copy of instructions letter dated 26.10.2025 sent by Sri Dinesh Kumar Pathak, Sub-Inspector, Police Station-Nagram, District-Lucknow addressing to the learned Government Advocate, High Court, Lucknow, which is taken on record. 5. As per the aforesaid instructions, during course of investigation, Sections 3(5), 69, 115(2), 352 & 351(3) B.N.S. have been added. 6. Therefore, after arguing the matter at some length, learned counsel for the petitioner has requested that the petitioner may be given liberty to file anticipatory bail application before the competent court of law and direction Versus Counsel for Petitioner(s) : Hari Prasad, Sanjay Kumar, Surendra Pal Counsel for Respondent(s) : G.A. Vimal Kumar Alias Ashu .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) may be issued to decide the same with expedition. 7. Therefore, without entering into merits of the issue and considering the aforesaid innocuous request of learned counsel for the petitioner, we hereby dispose of this writ petition finally at the admission stage giving liberty to the petitioner to file anticipatory bail application before the competent court of law within a period of two weeks from today and if such anticipatory bail application is filed by the petitioner within the aforesaid stipulated time, the same may be heard and disposed of on its own merit, strictly in accordance with law, with expedition without giving any unnecessary adjournment to any of the party 8. The writ petition is, therefore, disposed of finally. November3,2025 Suresh/ CRLP No. 9856 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench