KOSHINDRA AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/8375/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8375 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of applicants is taken on record. 2. Heard Shri Alok Kumar Tiwari, learned counsel for the applicants, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.139 of 2024 (Criminal Case No.1219 of 2025), under Section 308 of IPC, Police Station Ahmadgarh, District Bulandshahr, with the prayer that in the event of arrest, applicants may be released on bail. 4. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that there are general and omnibus allegations have been levelled against the applicants. It is further submitted that the injuries received by the injured are not dangerous to life. It is further submitted that the present prosecution is result of some family dispute and the applicants are having no criminal history. It was also submitted that applicants undertake to co- operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the injured received fracture in his temporal bone. Versus Counsel for Applicant(s) : Alok Kumar Tiwari, Manvendra Narain Pathak Counsel for Opposite Party(s) : G.A. Koshindra And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. There are general and omnibus allegations against the applicants that they indulged in assaulting the first informant side, as a result of which, the injured Mukesh received injuries and one of the injury is fracture on his temporal bone. It is further submitted that the applicants are having no criminal history and the charge sheet has already been submitted against the applicants. 7.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicants -Koshindra, Sushil Giri, Pintu Giri, Ramu Giri, Niranjan Giri, Raghuraj Giri and Guddu @ Satpal Giri involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. NABAIL No. 8375 of 2025 2
(iv) The applicants shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
October 15, 2025 RKM NABAIL No. 8375 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad