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2025 DAILYLAW 183338 (ALL)

BECHAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/1188/2025 · 2025-10-30

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1188 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.470 of 2023 under sections 354(Kha), 506, 504, 323 I.P.C., read with sections 73, 351, 356, 115 BNS, P.S. Kotwali Dehat, district Bahraich. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the victim in this case is habitual of falsely implicating the innocent persons. A number of first information reports have been registered by her which has been taken note in the rejection order passed by learned Addl. Sessions Judge, Bahraich. It is submitted that the applicant is innocent, having no criminal antecedent. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, the offences are triable by Magistrate, the applicant has no criminal history, the accused applicant was not arrested during investigation, charge sheet has been filed, undertaking that he shall further cooperate in the trial, Versus Counsel for Applicant(s) : Dinesh Chandra Tewari Counsel for Opposite Party(s) : G.A. Bechai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, 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 trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 30, 2025 kkb/ ABAIL No. 1188 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench