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2025 DAILYLAW 123471 (ALL)

SHUBHAM PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. GOVT. LKO.

BAIL/1374/2025 · 2025-09-16

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1374 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rajesh Kumar Shukla, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned A.G.A.-I. 2. The instant application has been filed by the applicant to seek his release on bail in Case Crime No.0164 of 2024, under Sections 323/506/326/34 I.P.C., P.S. Para, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01:47 hours on 28.03.2024 against the applicant and another name accused person KD besides two unnamed persons, stating that the accused persons had beaten up the informant's brother at about 09:00 p.m. on 27.03.2024 causing serious injuries to him and he was being treated in Trauma Centre, KGMU. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit opposing the bail application. 6. The materials collected during the investigation and a copy of the charge sheet 23.12.2024 have been annexed with the bail application. 7. The statement of the injured persons has been annexed with the counter affidavit and he has categorically stated that the applicant and the other named accused KD had assaulted him. The accused persons are known to Versus Counsel for Applicant(s) : Zeeshan Alvi, Rajesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Shubham Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) him. They had called him by making a phone call and they had beaten him up with sticks and iron rod causing injuries to him and he has lost sight of one eye. Several eye witnesses had stated that two persons had beaten up the informant. 8. This Court had called upon a report regarding status of the trial and the trial court has reported on 10.05.2025 that the charge sheet has been submitted, cognizance of the offence has been taken and the matter is fixed for appearance of the accused persons. 9. Having considered the nature of allegations and the nature of injuries suffered by the young victim, who has lost vision from one eye, I am of the view that the aforesaid circumstances do not warrant exercise of jurisdiction by this Court by releasing the applicant on bail at this stage. 10. The bail application is, accordingly, rejected. 11. The learned trial court as well as as the prosecution are directed to proceed with the trial expeditiously and to record the statements of the witnesses of the facts without any undue delay. 12. The applicant is at liberty to file a second bail application after the recording statements of the witnesses of trial. September 16, 2025 S. Shivhare BAIL No. 1374 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench