Dismissed
Shahnoor v. State of U.P. Thru. Prin. Secy. Home Lko.
Allahabad HC/69/2025
Case brief
from the order text
What is this about?
No. - 2025:AHC-LKO:4956 Court No. - 16 Case…
What the court decided
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No. - 2025:AHC-LKO:4956 Court No. - 16 Case…
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Neutral Citation No. - 2025:AHC-LKO:4956
Court No. - 16
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 69 of 2025
Applicant :- Shahnoor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dheeraj Awasthi,Akash Dikshit Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Vakalatnama filed by Shri Nouphil Ahmad on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and learned counsel for the complainant.
The present anticipatory bail application has been filed by accused-applicant seeking anticipatory bail in Case Crime No.264 of 2024, under Sections 191(3), 190, 109(1), 310(2), 324(5), 118(1), 110, 115(2), 352, 74, 351(3), 333, 191(2) of B.N.S., P.S. Bangermau, District Unnao.
Learned counsel for the applicant submits that incident dated 22.07.2024 took place between two groups of village Mau, one side was led by one Javed whereas another side was led by one Faheem and both were contesting the election of Village Pradhan. Applicant being the husband of the village pradhan have a renowned face and has been falsely implicated. The presence of the applicant has been found doubtful in view of the statement of independent witnesses submitted on affidavit to the Investigating Officer. Letter has also been issued by the village pradhan of village Bahlolpur corroborating the alibi of the applicant. Applicant was not present in the village Mau on the date of incident.
Per contra, learned A.G.A. as well as learned counsel for the complainant have submitted that the applicant is absconding hence the proceedings under Section 82 Cr.P.C. have been initiated against him. There are five injured in this case. It is not a fit case for enlarging the applicant on anticipatory bail. They also submit that co-accused Javed Ali has approached this Court for anticipatory bail that application was dismissed by this Court vide order dated 10.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.21 of 2024. Against that order SLP was filed which has also been dismissed
by the Hon'ble Supreme Court.
Learned A.G.A. has further submitted that the mob entered into the village and mass looting has been done, videography and photography has also been recovered by the Investigating Officer. The investigation qua the present applicant is still going on. Applicant is absconding and therefore, non-bailable warrants and proceedings under Section 82 Cr.P.C. have been initiated, custodial interrogation of the applicant is required, it is not a case of false implication.
Perused the record.
On due consideration to the submissions advanced, perusal of the record as also the fact that there are five injured in this case, nature and gravity of the offence alleged and the fact that proceedings under Section 82 Cr.P.C. have been initiated, applicant has not cooperated in the investigation so also the fact that bail of the co-accused Javed Ali (supra) has been denied, the present anticipatory bail application is liable to be rejected and is hereby rejected .
Order Date :- 24.1.2025 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in Case Crime No.264 of 2024 under multiple BNS sections despite alleged false implication and alibi.
Whether non-cooperation with investigation, absconding, Section 82 CrPC proceedings, five injured persons, and co-accused's bail denial weigh against grant of anticipatory bail.
3 provisions across 3 enactments
Shahnoor
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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