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2025 DAILYLAW 184874 (ALL)

NILAY SINGH CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/1604/2025 · 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 482 BNSS No. - 1604 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 156/2025, Under Sections: 109, 115(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, (Corresponding Sections 307, 323 & 34 I.P.C.), Police Station: Nasirabad, District: Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant is innocent. It is contended that no specific role of firing has been assigned to him; rather, the said role has been attributed to the co-accused Harshit. The injuries sustained by the victim are stated to be on non-vital parts of the body. Learned A.G.A. has vehemently opposed the bail application, submitting that the offence punishable under Section 109 I.P.C. carries a sentence of life imprisonment. It is further submitted that the applicant has been identified on the basis of CCTV footage and he possesses a chequered criminal history comprising 21 cases. It is also pointed out that the applicant has already been booked under the Gangsters Act. Upon due consideration of the submissions and keeping in view the fact that the applicant has been identified through CCTV footage, the offence alleged is of a heinous nature, and the applicant has a criminal history of 21 cases, Versus Counsel for Applicant(s) : Mohammad Imaran Counsel for Opposite Party(s) : G.A. Nilay Singh Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) including one under the Gangsters Act, this Court is not inclined to exercise its extraordinary jurisdiction for grant of anticipatory bail. Accordingly, the application for anticipatory bail stands dismissed. October 30, 2025 R.C. NABAIL No. 1604 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench