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2025 DAILYLAW 195646 (ALL)

AMIT KUMAR YADAV AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

ABAIL/1146/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1146 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0233/2024 under sections 147, 148, 452, 323, 504, 506, 427, 308 I.P.C., P.S. Mankapur, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with in view of the proposed order. 3.Learned counsel for the applicants submits that cross cases have been filed by both sides. Injuries received by the parties are simple in nature. There are two injured from the applicants side also. The first information report against the applicants has been filed on the next day. Firstly, the applicants side has filed the first information report. 4.Learned A.G.A. while opposing the bail has submitted that there are injured from both sides. In this case, the injured Manoj Tiwari has assigned specific role of causing injuries upon his father to present applicant No.1 Amit Kumar. The applicant No.2 Ajeet Kumar Yadav has also been assigned role of assaulting the injured. There are four injured in this case. Manoj Tiwari had suffered 7-8 stitched wounds. The injured in their statement has supported the prosecution case. Statements of the injured which are corroborated by the injury report cannot be disbelieved. 5. Having considered the submission and perused the record as well as Versus Counsel for Applicant(s) : Udai Bhan Pandey, Shivendra Pandey Counsel for Opposite Party(s) : G.A. Amit Kumar Yadav And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) the injury reports of the injured and corroborated statement of all the four injured, it cannot be said that it is a case of false implication. Anticipatory bail is an exceptional jurisdiction. The applicants do not appear to have been falsely implicated or have been implicated to injure their reputation. No case for anticipatory bail is made out. 6.The application is dismissed. October 15, 2025 kkb/ ABAIL No. 1146 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench