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2025 DAILYLAW 187454 (ALL)

RAMSACHCHE AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1656/2025 · 2025-11-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1656 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Vakalatnama filed by Shri Dhananjay Trivedi, Advocate on behalf of opposite party no. 2 is taken on record. 2. Heard Shri Avikshit Mishra, learned counsel for the applicants, Shri Dhananjay Trivedi, learned counsel for the opposite party no. 2 as well as learned A.G.A. and perused the record. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.397 of 2025, under Sections 115(2), 352, 351(3), 64(1), 89 BNS, Police Station Pali, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR lodged on 10.09.2025, it was alleged that on 09.09.2025, three accused including the applicant had beaten up the informant with the use of lathi danda, as a result, substantial injuries were happened, subsequently, from the case diary, it is revealed that the statement of sister of the informant was got recorded wherein she stated that around 6-7 months ago, the applicant no. 1 had committed wrong on her. In light of the said statement, the applicants are being sought to be prosecuted under Section 64(1) BNS, the age of the victim is around 18 years. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. Versus Counsel for Applicant(s) : Avikshit Mishra Counsel for Opposite Party(s) : G.A. Ramsachche And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Considering the aforesaid submission and huge improbability of the allegations levelled only to further complicate the implicity of the applicants with the offence, prima facie it appears to be a case of false prosecution. In view thereof, the applicant is entitled for anticipatory bail. Accordingly, the anticipatory bail application is allowed. 6. In the event of arrest, let the applicants Ramsachche, Ramji and Bhagwanji be released on anticipatory bail in the abovesaid first information report number till conclusion of the investigation on his furnishing personal bonds and two reliable sureties of Rs.5,000/- each to the satisfaction of the Investigation Officer concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which the are accused or suspected of the commission; and (c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (d) The applicants shall not leave India without the previous permission of the Court. November 15, 2025 Raj NABAIL No. 1656 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench