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2025 DAILYLAW 194952 (ALL)

VISHAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

/2002/2025 · 2025-12-12

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. - 2002 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant seeking anticipatory bail in case crime No.847 of 2024 under Section 352, 109(1), 351(3) BNS, Police Station Kotwali Nagar, District Gonda. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per the prosecution case, on 08.11.2024 at about 8:30 PM, the complainant had gone to attend a birthday function at PR Restaurant near Gandhi Park. Due to previous enmity, the accused persons, after conducting surveillance in a black Scorpio, reached the spot. Thereafter, accused Ankit Singh, Vishal Singh and Arpit Pandey, along with co-accused Shivam Singh, followed the complainant. Accused Ankit Singh and Vishal Singh were armed with pistols. With the intention to kill, Ankit Singh fired at the complainant while the other accused abused him. The complainant managed to escape. He dialed 112, whereafter the police reached the spot. The submission of learned counsel for the applicant is that the prosecution story is false. It is a case of no injury. Even the empty cartridges of the firearm, or live cartridges have not been recovered Versus Counsel for Applicant(s) : Manoj Kumar Nishad, Anoop Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Vishal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) in this case. There is a complete lack of corroborative evidence. The charge-sheet has been filed, and cognizance has been taken by the learned trial court on 21.05.2025. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. The applicant has explained the criminal history of five cases in paragraph 20 of the bail application. Out of these five cases, in Case Crime No. 232 of 2025, the charge under Section 109 IPC has already been dropped. The remaining cases are of triable nature. Learned AGA has opposed the anticipatory bail application. Perused the record. On due consideration of the facts that the charge-sheet has been filed, the applicant has explained his criminal history, it is a case of no injury, and the applicant has furnished an undertaking to cooperate in the trial; and further, keeping in view the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, 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 20 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. NABAIL No. 2002 of 2025 2 The application is allowed accordingly. . December 12, 2025 Madhu D.R/P.S NABAIL No. 2002 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench