Chhotu @ Imran Ahmad v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2032 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No. 280/2025, under Sections 190, 191(2), 191(3), 109, 115(2), 118(1) BNS (Corresponding Section of IPC 149, 147, 148, 307, 323, 324 IPC), Kotwali Dehat, District Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. According to the prosecution, due to a dispute over a passage, all six named accused persons assaulted two individuals from the complainant's side with sticks. It is further alleged that accused Ibrar fired from his licensed gun, resulting in a gunshot injury to Asgar on his head, and Salman also sustained injuries. Submission of learned counsel for the applicant is that the applicant has no criminal antecedents. It is further contended that the injury sustained by the injured Asgar has been medically opined to have been caused by a hard and blunt object, but it is simple in nature, and co-accused Salman has not been medically examined, as specifically pleaded in paragraph 13 of the bail application. It is also pointed out that co-accused Ibrar, who is attributed with the act of firing, has already been granted anticipatory bail by a Coordinate Bench of this Court, copy of which is on record as Annexure No. 8 to the bail application. General allegations have been levelled against all Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Chhotu @ Imran Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Another .....Opposite Party(s) accused persons, and the case of the applicant is on a better footing. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the application. Considering the grant of anticipatory bail to co-accused Ibrar, the role assigned to the applicant, the general nature of allegations, the nature of injuries and medical opinion, and the undertaking to cooperate in the investigation, this Court is of the opinion that the applicant is entitled to anticipatory bail in view of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. December 17, 2025 R.C. NABAIL No. 2032 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench