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2025 DAILYLAW 182963 (ALL)

YASH YADAV @ BABU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1820/2025 · 2025-11-27

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. - 1820 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0239 of 2025 under sections 3(5), 109, 191(2), 125, 324(4), 351(2) BNSS, P.S. Indira Nagar, District Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.It is alleged in the first information report that the informant Farman Ali lent Rs.25,000/- to Babu yadav. When he asked Babu Yadav to return the same, one Adil Siddiqui, co-accused threatened him to kill. It is further alleged that on 10.10.2025 at 5 O'Clock in the morning, six persons on two bikes with other two unknown persons came at informant's house and fired shots wherein a bullet hit on Mahindra Thar vehicle which was damaged. One Shivam singh was nabbed by locals. 4.Learned counsel for the applicant submits that initially, the first information report was lodged only for the offence under sections 191(2), 125, 324(4), 351(2) BNS and just to escalate the gravity of the offence, Sections 109 and 3(5) BNS have been added. It is submitted that the case of the prosecution is that no one is injured. There is no independent witness of the incident. It is a case of false implication. Versus Counsel for Applicant(s) : Dileep Kumar, Sushil Kumar Misra Counsel for Opposite Party(s) : G.A. Yash Yadav @ Babu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. He has explained criminal history of two cases in para 6 of the bail application. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not deny the fact that there is no one injured in this incident. He could not not show from the record at this stage that any investigation has been done by the investigating officer on the alleged vehicle Mahindra Thar No.UP32NV7864. 6.Considering the above aspects of the matter, the fact that the applicant has explained criminal history, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, it is not disputed that there is no one injured in this case, the manner in which the investigation has been carried out in this case, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/trial court. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. 9.The application is allowed accordingly. November 27, 2025 kkb/ NABAIL No. 1820 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench