Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33272 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Tarkeshwar learned counsel for the applicant, Sri Rahul Mishra, learned counsel for the first informant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 151 of 2025, under Sections 109(1), 191(3), 351(3) B.N.S., Police Station- Bariyarpur, District Deoria. 4. Contention of learned counsel for the applicant is that in the FIR, general allegations have been made against all the accused persons including the applicant for causing knife injury to the injured but injury report itself shows that all the five injuries caused by one sharp edged weapon, therefore, involvement of five persons in causing injuries is doubtful. It is further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has criminal history of one case which has been explained in para 20 of the affidavit and he is languishing in jail since 22.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned counsel for the first informant submitted that the applicant and other co-accused persons attacked upon the injured and caused five knife injuries, therefore, he is not entitled to be released on bail. 6. Learned A.G.A. also adopted the argument of learned counsel for the first informant and submitted that the applicant has criminal history of one case of under Section 307 IPC, therefore, he is not entitled to be released on bail, being a person of criminal nature. 7.
Thus, considering the entire facts and circumstances of the case, submissions of Versus Counsel for Applicant(s) : Tarkeshwar Mishra, Vijay Singh Counsel for Opposite Party(s) : Amit Kumar Mishra, G.A., Mohd Intesaf Khan, Rahul Mishra Kamlesh Prasad .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties and taking into the fact that general allegations have been made against all the accused persons including the applicant though injured received five injury of sharp edged weapon but injury report itself shows that all injuries were caused by one sharp edged weapon which creates doubt about involvement of five persons in causing sharp edged injury and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Kamlesh Prasad involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 10, 2025 A.Kr. BAIL No. 33272 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad