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2025 DAILYLAW 196679 (ALL)

ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/1420/2025 · 2025-12-19

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. - 1420 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. The present anticipatory bail application has been filed in FIR No. 97 of 2024, under Sections 308, 323, 324, 325, 504 and 506 IPC, Police Station Kamrauli, District Amethi. Perused the record. A perusal of the record indicates that the allegation against the applicant is that in collusion with the co-accused persons and while hurling abuses, the applicant caused injuries to the injured Raj Bux, Nirmala and Parvati by using an axe, a spade and a khanta (pickaxe). A further perusal of the injury reports of the aforesaid injured persons shows that all three have sustained injuries. The injured Nirmala Yadav and Raj Bux have sustained grievous injuries. The statements of the injured witnesses prima facie corroborate the prosecution case. Versus Counsel for Applicant(s) : Ravindra Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ashish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) Anticipatory bail is an extraordinary remedy and is to be exercised only in exceptional circumstances, where the Court is satisfied that the applicant has been falsely implicated or where custodial interrogation is not warranted. In view of the nature of allegations, the role assigned to the applicant, the medical evidence on record, and the grievous injuries sustained by the injured persons, this Court does not find it to be a fit case for exercising its discretionary jurisdiction in favour of the applicant. At this stage, learned counsel for the applicant prays that liberty be granted to the applicant to file a regular bail application and that the same be considered in the light of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Cri.) No. 5191 of 2021. Accordingly, the application is dismissed. However, it is provided that in case the applicant files a regular bail application within two weeks from today, the same shall be considered and decided expeditiously, strictly in accordance with law and in light of the principles laid down by the Hon’ble Supreme Court in Satender Kumar Antil (supra). December 19, 2025 Madhu D.R/P.S ABAIL No. 1420 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench