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Neutral Citation No. - 2025:AHC:31241 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1232 of 2025 Applicant :- Keshav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.,Shishir Tandon Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. 3. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in the event of his arrest in pursuance to the summoning order dated 12.09.2024 bearing Complaint Case No. 19359 of 2023, under Sections 452, 307, 323, 504 IPC, Police Station- Chandpur, District- Bijnor, till conclusion of trial. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant complaint has been lodged through an application filed under Section 156(3) Cr.P.C. alleging therein that due to old enmity applicant armed with lathi, danda and country- made pistol entered into the house of complainant and assaulted complainant with lathi, danda and opened fire, which hit injured Saurabh, the brother of the applicant. It is admitted case that old enmity is pending between the parties. He next submitted that initially vide order dated 29.01.2024, complaint was dismissed under Section 203 Cr.P.C., thereafter, complainant filed revision and the Revisional Court vide order dated 20.06.2024 allowed the revision of the complainant and remanded the matter, thereafter, Court concerned issued summons against the applicant vide order dated 12.09.2024. He next submitted that against the order dated 12.09.2024, applicant filed a revision no. 394 of 2024, which is pending before District & Session Judge, in which, notices have been issued against the respondents. He next submitted that applicant has also filed a revision against the order dated
20.06.2024 before this Hon'ble Court as Criminal Revision No. 3964 of 2024, which is still pending. He next submitted that applicant has been falsely implicated in the present case due to old enmity and allegation that applicant opened fire, as a result of which, applicant's brother received injury, is false and baseless.
He further submitted that Trial Court without appreciating evidence and examining the statements of witnesses recorded under Sections 200 & 202 Cr.P.C., issued summons against the applicant. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial. 5. Per contra, learned counsel for the complainant/opposite party no. 2 vehemently opposed the anticipatory bail application of the applicant and submitted that applicant is named in the first information report and statements of the witnesses recorded under Sections 200 & 202 Cr.P.C., prima facie, disclose offence against the applicant. It is not a case of false implication. Medical examination report is supporting the complainant's version. Moreover, revisions are still pending before this Court and before District & Session Judge. Hence, applicant should not be released on anticipatory bail. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that summons have been issued against the applicant and from the statements of witnesses recorded under Sections 200 & 202 Cr.P.C., prima facie, offence is made out against the applicant. It is not a case of false implication. Moreover, revisions are still pending before this Court as well as before District & Session Judge, as such, no interference is warranted by this Court. 7. Accordingly, the present anticipatory bail application stands rejected. Order Date :- 5.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad