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2025 DAILYLAW 188740 (ALL)

ASLAM v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

/1933/2025 · 2025-12-09

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. - 1933 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Surendra Singh, Advocate on behalf of the opposite party no.2 is taken on record. The present anticipatory bail application has been filed by the applicant seeking anticipatory bail in case crime No.96 of 2025 under Section 191(2), 190, 191(3), 115(2), 352, 351(3), 333, 324(4), 310(2), 317(3) BNS, Police Station Udaipur, District Pratapgarh. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Submission of learned counsel for the applicant is that the present FIR has been registered as a counterblast to Case Crime No. 95 of 2025, under Sections 1209(1), 1267(2), 191(2), 191(3), 190, 117(2), 115(2), 352, 351(3) and 288 B.N.S., Police Station Udaipur, District Pratapgarh, which was lodged by the applicant on 23.06.2025. It is submitted that the present FIR dated 25.06.2025 has been lodged only as an afterthought with the intent to harass the applicant. The alleged recovery shown in the present case is false and is based solely on the pointing out of the co-accused persons. It is further submitted that the three alleged injured persons, namely, the husband of the complainant, Archana and Khusboo, have received only simple injuries. During investigation, arrest of the applicant was stayed vide order dated 10.7.2025 passed in Crl. Misc. Writ Petition No. 6118(CRLP) of 2025 (Annexure-9 to the bail application). The charge-sheet has already been filed and the applicant was never Versus Counsel for Applicant(s) : Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Aslam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) arrested during investigation. The applicant undertakes to cooperate in the trial. He has no previous criminal antecedents. Learned AGA as well as learned counsel for the complainant have opposed the bail application. Learned counsel for the complainant submits that the incident took place inside the house. Perused the record. On due consideration of the fact that during investigation, arrest of the applicant was protected by the order passed by the Division Bench of this Court in Writ Petition No. 6118 (CRLP) of 2025; the charge-sheet has been filed; the applicant has cooperated in the investigation; the present FIR came to be registered two days after the FIR lodged by the applicant under Section 109 B.N.S. and other sections of the B.N.S.; the injured persons have received simple injuries; and the applicant has no previous criminal history; as also considering the judgment of the Hon'ble Supreme Court in Musheer Alam vs. State of U.P. and Another, 2025 SCC OnLine SC 116, and without entering into the merits of the case, this Court finds it appropriate to grant protection to the applicant. 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 9, 2025 Madhu D.R/P.S NABAIL No. 1933 of 2025 2 Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench