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2025 DAILYLAW 131054 (ALL)

VEERU ( ACCORDING TO PROSECUTION) BUT ACTUAL NAME IS VEERU KANNAUJIYA v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/2684/2025 · 2025-04-01

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17964 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2684 of 2025 Applicant :- Veeru ( According To Prosecution) But Actual Name Is Veeru Kannaujiya Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava,Om Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pranshu Agrawal, learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.106 of 2024, under Sections 115(2)/105 B.N.S., registered at Police Station Hasanganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.08.2024 stating that on 03.08.2024 the informant's son had gone from his village to Daliganj, Lucknow for selling mats. When he had gone beneath Daliganj bridge the applicant and his three friends beaten him up with kicks and fists causing internal injuries to him. He was taken to Ram Manohar Lohiya Hospital for treatment, therefore, the information was given with some delay. This information was given on 08.08.2024 and the victim died on 13.08.2024. 4. In the affidavit filed in support of 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 postmortem examination report discloses that the deceased had undergone laparotomy and his small intestine had been repaired. The cause of death has been opined to be septicemia due to ante mortem injuries. 6. The Investigating Officer has recorded statements of Chintu, Karan and Dipak, all of whom stated that the applicant had beaten up the victim and three of them had intervened. They stated that they had asked about the reason for beating the victim but the applicant had not stated anything. Thereafter, the victim had gone to Barabanki on his motorcycle and they came to know that he had fallen down from the motorcycle on the way. 7. The Investigating Officer has also recorded statements of two doctors, both of them stated that the deceased had suffered injury in his abdomen and due to infection which could not be controlled and spread. He died for this reason. In response to a specific question the doctor stated that the reason for injury in the abdomen was not clear, it could have been caused due to beating as well as due to falling from the motorcycle. 8. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 18.10.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. states that the applicant and his friends had beaten up the victim, whereas his friends have been made prosecution witnesses and all of them have stated that the applicant alone had beaten up the victim; that no motive has been assigned to the applicant for committing the offence; that after the incident the victim had gone on his motorcycle to Barabanki and as per prosecution case he fell down on the way; that the doctors have stated that the injury could have been caused due to beating as well as due to falling from the motorcycle; that the applicant has no previous criminal history and he is languishing in jail since 30.08.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Veeru @ Veeru Kannaujiya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 1.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench