HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1289 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with, in view of the proposed order. 2.The present application has been filed seeking anticipatory bail in case crime No.189 of 2023 under sections 323, 504, 308 I.P.C., P.S. Neemganv, district Lakhimpur Kheri. 3.In the prosecution case, it is alleged that 28 year old son of the informant Prabhu was called by Tota Ram in the Mundan programme. He worked entire day on 21.5.2023 in the house of Tota Ram. It is further alleged that around 8.00-9.00 p.m. on 21.5.2023, the named accused persons hurled abuses to the injured and have badly beaten. He suffered various injuries. He was dropped at the back of the house of the informant. The injured was taken by the informant to Trauma Centre. From there, he has been referred to hospital at Lucknow. 4.Learned counsel for applicants submits that the injured was highly intoxicated. Specific pleading in this regard has been made in para 14 of the bail application. The investigating officer instead of recording statement of the injured has taken his affidavit. It is also submitted that the investigating officer has recorded in the case diary that the villagers have informed him that the injured due to intoxication after consuming liquor fell off the Versus Counsel for Applicant(s) : Manjusha Kapil, Smriti Counsel for Opposite Party(s) : G.A. Punnu, Annu and Himanshu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) motorcycle and suffered injuries. 5.Learned A.G.A. while opposing the bail application has submitted that the injured has sustained grievous injuries. Fracture in the temporal bone of the injured has been found in the C.T. scan, in addition to other several injuries sustained by the injured. He further submits that during investigation, the applicants were not arrested. Charge sheet has been filed and there is no apprehension of arrest. 6.I have considered the submission advanced by learned counsel for the parties and perused the record as well as the injury report. I find from the record that the injured has been badly beaten by the named accused applicants. The injured remained admitted in the hospital from 25.5.2023 to 8.6.2023. Statement of the injured corroborates the prosecution version. Injury report of the injured which is on record shows that the injured has sustained grievous injuries on vital part of his body. Keeping all these in view, it does not appear to be a case of false implication. Defence of the accused applicants shall be considered at appropriate stage during trial. The first information report has not been registered only to humiliate the applicants or to injure their reputation. Anticipatory bail is an exceptional jurisdiction. In such cases, no indulgence is required to be given. 7.At this stage, learned counsel for the applicants submits that the applicants may be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021. 8.In view of the above, prayer for anticipatory bail is refused and the application is dismissed. However, it is provided that in case the applicants file a regular bail application within two weeks from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). November 18, 2025 kkb/ ABAIL No. 1289 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench