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2025 DAILYLAW 184132 (ALL)

SAKIL @ SAKIL AHMAD AND OTHERS v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME LKO. AND OTHERS

CRLP/9948/2025 · 2025-11-12

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. - 9948 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Suyash Tripathi, learned counsel for the petitioners, and Ms. Meera Tripathi, learned A.G.A. for the State-opposite parties nos. 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 petition, the petitioners have assailed the impugned FIR bearing FIR/Case Crime No.0739/2025, under Sections 191(2), 191(3), 190, 109(1), 115(2) and 131 B.N.S. lodged at Police Station Kotwali Nagar, District Gonda. 4. Learned counsel for the petitioners has stated that having ulterior motive and extraneous design in mind the impugned FIR has been lodged against 13 named and 15-20 unnamed persons, however, the petitioners had nothing to do with the incident in question and they have been falsely implicated. 5. Ms. Meera Tripathi, learned A.G.A. for the State, has opposed the aforesaid contentions of learned counsel for the petitioners by submitting that the investigation is going on; there are some injured persons and during the investigation and after completion of the investigation, culpability of the accused persons would be ascertained. Versus Counsel for Petitioner(s) : Suyash Tripathi Counsel for Respondent(s) : G.A. Sakil @ Sakil Ahmad And Others .....Petitioner(s) State Of U.P. Thru. Secy. Ministry Of Home Lko. And Others .....Respondent(s) 6. Therefore, learned counsel for the petitioners has requested that the petitioners may be given liberty to file anticipatory bail application before the competent court of law and direction may be issued to decide the same with expedition inasmuch as there is one marriage function in family of the petitioners and one of the petitioners (petitioner no. 7, namely, Asiq Ali) is to be married on 20.11.2025. 7. Therefore, without entering into merits of the issue and considering the innocuous aforesaid request of learned counsel for the petitioners, we hereby dispose of this writ petition finally at the admission stage itself, giving liberty to the petitioners to file anticipatory bail application before the competent court of law, taking all pleas and grounds, which are available to them, within three weeks from today and if such anticipatory bail application is filed, the same may be heard and disposed of on its own merit with expedition, without granting unnecessary adjournments to either of the parties. November 12, 2025 MVS/- CRLP No. 9948 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench