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2025 DAILYLAW 183117 (ALL)

ANGNU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME U.P. LKO.

/1841/2025 · 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. - 1841 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned A.G.A. for the State, and learned counsel for the complainant, and perused the record. The accused–applicant seeks bail in Case Crime No. 0437 of 2025 under Section 191(2), 191(3), 109(1), 115(2), 352, 351(3) BNS, 2023, Police Station Mankapur, District Gonda. Submission of learned counsel for the applicant is that cross FIRs have been registered by both sides. The complainant side was the aggressor. From the applicant's side, four persons have received injuries. It is a case of false implication. Per contra, learned A.G.A. has opposed the bail application and submits that there are four injured in this case. The injured Shivam has received 11 injuries, and Praveen has sustained a fracture. It is a heinous offence. Perused the record as also the rejection order passed by the learned trial court. The relevant part of the rejection order is extracted below:– "7- From the perusal of record, it transpires that accused/applicants along with other co- accused are named in the FIR. 04 persons are injured in instant case. In Versus Counsel for Applicant(s) : Ambrish Tripathi, Rama Pati Shukla Counsel for Opposite Party(s) : G.A. Angnu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) statement u/s 180 BNSS complainant and injured persons have supported the prosecution version. In the medical report of injured Shivam 11 injuries are shown on his body, while in the medical report of Praveen frontal depressed fracture with tiny pocket of pneumocephalus is shown. Investigation is going on and charge-sheet, is still awaited. Apart from this, there is nothing on record to outweigh the evidence collected by the I.O. concerned during the investigation that accused/applicant is prima-facie being falsely implicated in the case for harassing or defaming them. There is no other exceptional circumstance in the present case that would warrant consideration of their request for anticipatory bail. Offence is heinous in nature and is punishable with imprisonment for life. Apart from this also, in light of the decisions dated 21.07.2025 passed by the Hon'ble Supreme Court in Criminal Appeal (SLP (Crl.) No (s.) 10251 of 4375 Nikita Jagannath Shetty @ Nikita Vishwajeet Jadhav Vs. State of Maltarashtra and others and the legal principle propounded in case law Shri Kant Upadhyay Vs. State of Bihar, 4374, SCC online SC 282, there is no sufficient ground for anticipatory ball Accordingly, in light of above fact and circumstances of the case and seeing the nature and gravity of the offence, in my opinion, it is not a fit case for anticipatory bail. Order Anticipatory bail application 2570/2025 moved on behalf of accused/applicants Ankit, Pandit @Daya Shanker, Angņu, Khushiram and Mahendra in relation to case crime no. 437/2025, U/s 191(2), 191(3), 109(1), 115(2), 352, 351(3) BNS, P.S.- Mankapur, District- Gonda is hereby rejected." On due consideration of the submissions advanced and perusal of the record, it is evident that four persons have sustained injuries in the present case. The injured Shivam has received 11 injuries, and another injured, Praveen, has sustained a fracture. The investigation is still ongoing. Though cross FIRs have been registered by both sides and the incident is prima facie admitted, it does not appear to be a case of false implication or a case lodged merely to injure the NABAIL No. 1841 of 2025 2 reputation of the applicant. The offence is heinous in nature and is punishable with life imprisonment. In such circumstances, no case for grant of anticipatory bail is made out. Anticipatory bail is an extraordinary remedy, intended 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. In view of the aforesaid, the application is rejected. November 27, 2025 Madhu D.R/P.S NABAIL No. 1841 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench