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2025 DAILYLAW 201178 (ALL)

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

/1143/2025 · 2025-10-14

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. - 1143 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for applicant and learned A.G.A for the respondent State. The present application has been filed by the applicant seeking anticipatory bail in Case Crime No. 509 of 2023 under Section 323, 504, 506, 308 I.P.C., Police Station Laherpur, District Sitapur. Learned counsel for the applicant submits that the co-accused Alok Kumar filed anticipatory bail application No.1409 of 2024 which was rejected vide order dated 2.7.2024 passed by this court with certain direction. He submits that the same order may be passed in the present case also. Learned A.G.A. has no objection to this innocuous prayer. I have considered the submission. The order dated 2.7.2024 (supra) is extracted below : "Heard learned counsel for applicant, learned A.G.A for the respondent State and Sri Narendra Gupta, learned counsel for the complainant. The present application has been filed by the applicant seeking anticipatory bail in Case Crime No. 509 of 2023 under Section 323, 504, 506, 308 I.P.C., Police Station Lahrpur, District Sitapur. Versus Counsel for Applicant(s) : Anurag Singh, Ishan Bhasin, Sourabh Singh Counsel for Opposite Party(s) : G.A. Ashok Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned A.G.A. as well as learned counsel for the complainant submits that F.I.R. has been lodged by both the sides. Three persons are injured in this case. Statement of the injured persons depict complicity of the applicant. It is not a case of false implication. F.I.R. has not been lodged to falsely implicate the applicant or to injure his reputation. One injured Javed has sustained fracture on his head. Perused the record. On due consideration to the injuries sustained by the injured it cannot be said that it is case of false implication. Considering the complicity of the applicant, I am not inclined to entertain the present anticipatory bail application. Accordingly, the application is rejected. However, liberty is granted to the applicant to file a regular bail application before the learned trial court, which, if filed, shall be considered and decided strictly in view of the law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021". In view of the above, it is provided that the order, above extracted, shall apply in this case also. October 14, 2025 kkb/ ABAIL No. 1143 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench