Supreme Court – Daily Orders
Ajit Kumar Singh vs State Of U.P on 13 August, 2025
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3538/2025
(@Petition for Special Leave to Appeal (Crl.) No.9286/2025)
AJIT KUMAR SINGH Appellant(s)
VERSUS
STATE OF U.P. & ANR. Respondent(s)
O R D E R
1. Leave granted.
2. The appellant is a practicing Advocate.
3. This petition arises from the order passed by the High Court
of Judicature at Allahabad dated 21-5-2025 in Criminal
Miscellaneous Anticipatory Bail Cancellation Application No.175 of
2024 by which the said application filed by the Respondent No.2 –
herein (original informant – victim) came to be allowed and thereby
the order passed by the Sessions Court granting anticipatory bail
to the appellant – herein in connection with the First Information
Report No.258/2024 registered with the Line Bazar Police Station,
District Jaunpur, U.P. for the offence punishable under Sections
323, 504, 506, 452, 354 & 376 of the Indian Penal Code (for short
the “IPC”) came to be set aside.
4. The First Information Report lodged by the victim dated
Signature Not Verified
21-5-2024 reads thus:-
Digitally signed by
VISHAL ANAND
Date: 2025.08.14
19:57:31 IST
Reason:
“I am a native of this place. I am an advocate by profession
and practice in the Civil Court, Jaunpur. I live with my
family in a rented house next to the English Club. Earlier, I
used to practice with Ajit Kumar Singh, who is a resident of
2Sarai Khwaja and sits in Civil Court, but he used to use
abusive language and misbehave due to which I stopped going to
the court and I started coaching. Ajit Kumar Singh used to
unnecessarily harass me by calling my mobile repeatedly. On
20/5/2024 at about 12:30, Ajit Singh came to my quarter and
forcibly went to my room and started behaving rudely with me.
When I protested, he started abusing me badly and beating me
up. When I screamed, Chanda Yadav and other people living
nearby came and started harassing me. When I told him about
this, he threatened to kill me and left. Ajit also tore my
clothes and caught me at many inappropriate places. I was
really scared and told the matter to other people in the court
and also filed a written complaint about it. I am very hurt by
their behaviour. Because of men like these, women are not able
to live freely in society. I am in shock because of this
incident; they can do anything bad to me. Therefore, I am
giving this information. Please help me by writing the
complaint. Complainant XXXX (Advocate), Civil Court Jaunpur,
D/o Bhagirath Patel, Address- Next to English Club, P.S. Line
Bazaar, Jaunpur, Present Address: Baihari Goddopur,
Maharajganj, Jaunpur, Date- 21/05/2024, Mob. No- 9554516555,
Note- the case was written verbatim on the above CCTNS portal
by me, Co. Ankit Kumar.
5. Thus in the First Information Report the victim alleged that
her modesty was outraged. She further alleged that the appellant –
herein caused simple hurt to her and she was criminally
intimidated.
6. It appears that on 16-2-2024 as alleged by the appellant –
herein, the victim & her husband barged into the residential house
of the appellant -herein and laid a severe assault on him.
7. The aforesaid led the appellant to go to the Police Station
and lodge a First Information Report for the offence punishable
under Sections 323, 504, 506, 307, 452 and 427 of the IPC
respectively.
8. The First Information Report lodged by the appellant – herein
reads thus:-
“It is humbly requested that the Complainant Ajit Kumar Singh,
son of late Surajnath Singh, resident of village Sarai Khwaja,
Police Station Sarai Khwaja, District Jaunpur, (Parmanatpur),
3Police Station Kotwali, Jaunpur and is an advocate by
profession, currently residing in the house of Lalchand Choubey
Mo. Kalikutti On 01.06.2024 at around 2 o’clock, the
Complainant was resting in his room after returning from the
Civil Court when suddenly Aarti Patel, daughter of Bhagirath
Patel, resident of Baihari Gaddopur, Police Station
Maharajganj, Jaunpur, Line-Bazar and Sudhanshu Singh alias
Kundan Singh, son of Anil Singh, resident presently residing in
the house of Kripa Yadav English Club, Purch Police Station of
Saraibhogi. Police Station Sujanganj, came to my room, got the
room opened and sat inside and started talking to each other.
Suddenly Sudhashu Singh alias Kundan Singh abused the
Complainant by calling him motherfucker and sisterfucker and
hit me on my left face due to which blood clot formed in my eye
and I fell down. When I tried to get up, Kundan Singh sat on my
chest and started humping and punching me. Aarti started
strangling me with the intention of killing me due to which my
breathing stopped. I somehow shouted and my landlord’s son-in-
law Ravindra Dubey and daughter Seema Dubey came. Seeing the
incident. Sudhashu intervened. And Aarti made a fatal attack on
me. Due to the beating, I am getting unbearable pain in my
chest and throat and having and destroyed my Oppo mobile which
I suffered a loss of Rs 12000/-. While leaving, Kundan and
Aarti threatened to kill me if I took any legal action. The
entire incident took place inside my room. Therefore, it is
requested to Sir to kindly register a case against the above
Kundan and Aarti and take appropriate legal action. Complainant
Ajit Kumar Singh, son of late Surajnath Singh, resident of
Sarai Khwaja Jaunpur, presently residing house of Lalchand
Choubey Mo. Kalikutti Police Station Kotwali Jaunpur Mobile No.
9452369773 Ajit Kumar Singh Date 01.06.2024. Note: The case has
been written verbatim by me, H. Co. Mithlesh Kumar Singh,
except for some technical errors.”
9. We take notice of the fact that in the FIR lodged by the
victim dated 21-5-2024, there are no allegations with respect to
any offence punishable under Section 376 IPC. Strangely, on
11-6-2024 a statement came to be recorded by the concerned
Magistrate of the victim under Section 164 of the Code of Criminal
Procedure, 1973 in which for the first time, she alleged that the
appellant – herein had also committed the offence punishable under
Section 376 of the IPC. The appellant prayed for anticipatory bail
before the Sessions Court. The Sessions Court having regard to the
materials on record thought fit to order release of the appellant
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on anticipatory bail.
10. The Respondent No.2 – herein (original first informant) being
dissatisfied with the order passed by the Sessions Court granting
anticipatory bail to the appellant – herein challenged the same
before the High Court.
11. The High Court allowed the Criminal Miscellaneous Anticipatory
Bail Cancellation Application holding as under:-
“5. Having heard the learned counsel for both the parties and
considering the submissions made in the present application,
this Court is of the opinion that having regard to the
principles of law settled regarding anticipatory bail,
arguments of learned counsel for the parties, nature of charge,
role of the applicant and evidence available on record in the
light of all the facts and circumstances of the case, the
present application for cancellation of anticipatory bail in
Criminal Miscellaneous is fit to be accepted.
6. In view of the arguments of the learned counsel for the
applicant, considering the facts and circumstances of the case,
the present application for cancellation of anticipatory bail
in Criminal Miscellaneous is accepted and the order dated
23.07.2024 passed by the concerned lower/trial court in
anticipatory bail application No. 389 of 2024, by which the
anticipatory bail of accused/opponent No. 02. Ajit Kumar Singh
has been accepted, is cancelled.
7. The concerned court is directed to release the
accused/opponent no. 02. Ajit Kumar Singh, as per the rules
they should be taken into custody and imprisoned to ensure
compliance with this order, and the sureties should be released
as per the rules.“
12. In such circumstances, referred to above, the appellant is
here before this Court with the present appeal.
13. We heard Mr. Bhuwan Raj, the learned counsel appearing for the
appellant, Ms. Mani Munjal, the learned counsel appearing for the
State of UP and Mr. Ashish Kr. Upadhyay, the learned counsel
appearing for the Respondent No.2 – first informant.
14. All that we would like to say is that having regard to the
materials on record, the High Court should not have cancelled the
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anticipatory bail granted by the Sessions Court.
15. Any further observation at this stage may cause prejudice to
the prosecution.
16. In such circumstances, referred to above, we allow this
appeal.
17. The impugned order passed by the High Court is set aside. The
original order passed by the Sessions Court ordering the release of
the appellant on anticipatory bail stands restored.
18. We are informed that the investigation has been completed and
charge-sheet has been filed. However, the case is yet to be
committed to the Court of Sessions.
19. In such circumstances and in the peculiar facts and
circumstances of the case, although the case has not been committed
yet, we permit the appellant to appear before the territorial
Sessions Court and furnish bail bonds to the satisfaction of the
concerned Court.
…………………………………………J
(J.B. PARDIWALA)
…………………………………………J
(R. MAHADEVAN)
NEW DELHI
13TH AUGUST, 2025.
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ITEM NO.15 COURT NO.8 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.9286/2025
[Arising out of impugned final judgment and order dated 21-05-2025
in CRMABCA No. 175/2024 passed by the High Court of Judicature at
Allahabad]
AJIT KUMAR SINGH Petitioner(s)
VERSUS
STATE OF U.P. & ANR. Respondent(s)
(IA No. 148246/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT & IA No. 148245/2025 – EXEMPTION FROM FILING O.T.)
Date : 13-08-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE R. MAHADEVANFor Petitioner(s) :
Mr. Bhuwan Raj, AOR
Mr. Raman Singh, Adv.
Mr. Anubhav Manhotra, Adv.
Mrs. Manju Savita, Adv.
Ms. Kriti Kumari, Adv.
For Respondent(s) :
Ms. Mani Munjal, Adv.
Mr. Vishnu Shankar Jain, AOR
Ms. Marbiang Khongwir, Adv.
Ms. Khushboo Tomar, Adv.
Mr. Parth Yadav, Adv.
Mr. Shaurya Krishna, Adv.
Mr. Ashish Kumar Upadhyay, AOR
Ms. Maitri Goal, Adv.
Mr. Anubhav Chaturvedi, Adv.
Mr. Sachin Kumar Verma, Adv.
Mr. Narendra Kumar Pandey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Exemption Applications are allowed.
2. Leave granted.
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3. The appeal is allowed, in terms of the signed order.
(VISHAL ANAND) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Order is placed on the file)