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2025 DAILYLAW 93390 (ALL)

ABHISHEK BAJPEI v. STATE OF U.P. AND 2 OTHERS

CRLP/20815/2025 · 2025-10-07

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20815 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard Sri Meraj Ahamad Khan, learned counsel for the petitioner; learned Additional Advocate General Sri Manish Goyal for the State respondents and Sri Santosh Kumar Rai for the first informant. 2. This writ petition has been filed for quashing the impugned First Information Report dated 6.8.2025 registered as Case Crime No.207 of 2025, under Sections 308(2), 308(5), 338, 336(3), 340(2), 351(3) and 329(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Barra, District - Kanpur Nagar and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 3. Per contra, learned Additional Advocate General submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another Versus Counsel for Petitioner(s) : Aqueeq Ahmad, Meraj Ahmad Khan Counsel for Respondent(s) : G.A., Santosh Kumar Rai Abhishek Bajpei .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 6. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. October 8, 2025 GS CRLP No. 20815 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad