Gaurav Singh v. State of U.P. Thru. Prin. Secy. Home Lko and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2020 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.201 of 2025 under sections 191(2), 115(2), 352, 351(3), 110, 324(2) BNS, P.S. Thakurganj, district Lucknow.

2.Heard learned counsel for the applicant, Mr Akbar Ali Khan, Advocate, who has filed vakalatnama for respondent No.2 which is taken on record, and learned Additional Government Advocate for the State.

3.Learned counsel for the applicant submits that the offence alleged in the first information report has maximum punishment of less than seven years. Three injured persons are alleged to have sustained simple injuries. During investigation, the arrest of the applicant was protected vide order dated 28.4.2025 passed by a Division Bench of this court in Crl. Misc. W.P. No.3527 of 2025. Charge sheet has been filed.

4.Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

¶5Learned Addl. Government Advocate and complainant's counsel have opposed the prayer made by applicant's counsel. Learned counsel for the complainant submits that an application under section 528 BNSS No.1570 of 2025 Gaurav Singh versus State of U.P. and another was filed by the applicant against the charge sheet, which was Versus Counsel for Applicant(s) : Irshad Ali, Syed Suleman Abbas Counsel for Opposite Party(s) : G.A. Gaurav Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) disposed of granting interim protection to the applicant. It is submitted that the said application was disposed of upon an undertaking given on behalf of the applicant to seek bail. However, instead of filing a bail application, the applicant has filed present anticipatory bail application.

6.The applicant's counsel in this context submits that pursuant to the liberty granted by the court, the applicant has filed an anticipatory bail application before the trial court which has been rejected and only thereafter, he has approached this court by filing the present application.

7.I have considered the submission and perused the record. A perusal of order dated 3.11.2025(supra) shows that liberty was granted to the applicant which was availed by him by filing an anticipatory bail before the trial court. There is no bar in entertaining this anticipatory bail application.

8.In view of the above as also considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, the fact that three injured have sustained simple injuries, the applicant has explained criminal history of one case in para 25 of the bail application, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

¶9In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.

¶10In case of default, it would be open for the trial court to proceed in NABAIL No. 2020 of 2025 accordance with law.

¶11The application is allowed accordingly. December 16, 2025 kkb/ NABAIL No. 2020 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench