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2025 DAILYLAW 183290 (ALL)

JAI SHANKAR THRU. HIS LEGAL GUARDIAN HIS MOTHER BHAN MATI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1651/2025 · 2025-11-06

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. - 1651 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Shri Shiv Prakash Dwivedi, learned counsel for the applicant as well as Shri Rajeev Verma, learned A.G.A for the State. 2. The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 0139 of 2025, under sections 109, 110, 115(2), 118(1) of B.N.S, P.S. Gauri Ganj, District Amethi. 3. In the prosecution case, it is alleged that 4-5 persons, while D.J was being played, came and raised an objection to the complainant, who was playing the song on D.J. When the complainant resisted, he was hit by a rod and and was stabbed in the stomach and the rib cage due to which he fainted. 4. The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. None of the witnesses have named the applicant in the F.I.R. In the confessional statement of the co-accused Prince Yadav, it is admitted that the stab injury has been caused by him. 5. Learned A.G.A., on the other hand, has opposed the prayer for anticipatory bail and, by referring to the case diary, submits that three independent witnesses have alleged the complicity of the applicant stating that the applicant was present on the spot, hence, it is not a case of false implication and no case for grant of anticipatory bail is made out. 6. Upon due consideration of the statement of the injured, the injury report which shows that three injuries have been sustained by opposite party no. 2, two stitched wounds on the right side of the head and one with a blue mark on Versus Counsel for Applicant(s) : Shiv Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Jai Shankar Thru. His Legal Guardian His Mother Bhan Mati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) the left forearm and other injured namely Roshan Lal sustained stab injury in the abdomen and he was treated in K.G.M.U Lucknow, it is apparent that the incident is related to a heinous offence under Section 109 B.N.S, the complicity of the applicant is prima facie evident, and also in view of the statements of the eye witnesses, it cannot be said that it is a case of false implication or the applicant has been implicated to injure his reputation, I do not find it a fit case for grant of anticipatory bail. 7. Accordingly, the application for anticipatory bail stands rejected. November 6, 2025 DiVYa NABAIL No. 1651 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench