SHUBHAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/3346/2025 · 2025-04-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135070 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135070 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22558 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3346 of 2025 Applicant :- Shubham Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla,Ravi Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sukh Devo Singh, learned counsel for the applicant, as well as Sri Ravi Srivastava, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in FIR/Case Crime No.0216 of 2024, under Sections 3(5), 115(2), 352, 351(3),109 and 103(1) B.N.S., registered at Police Station Karaundi Kala, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.11.2024 at 19.11 hours against seven persons, including the applicant, stating that at 11 a.m. accused persons were cutting a tree situated on a disputed land in a grove. When the informant's mother resisted the accused persons, they assaulted on her head with a stick, causing serious injury to her. When the informant's father went to intervene, he was also beaten up. The informant's mother and father were taken to community health centre, Kadipur from where they were referred to district hospital and in turn to trauma centre, Lucknow. The informant stated that she also suffered injuries in the incident. 4. The informant's mother died during treatment on 09.11. 2024. Her injury report mentions a single lacerated wound on top of
head. The postmortem examination report mentions the cause of death to be antemortem head injury. The informant was medically examined and she complained of pain on right shoulder. Her father suffered an abrasion on left side of neck. 5. The applicant and his bhabhi, wife of co-accused/Rajesh Yadav, also suffered injuries in the incident. The applicant suffered a lacerated would on his head and his bhabhi suffered abraded contusion on her left hand. 6. The learned counsel for the applicant has submitted that five co-accused persons, namely, Ram Ujagir, Sangeeta, Heerawati, Vidyawati and Ram Keval have been granted bail by the Sessions Court. 7. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been filed on 23.01.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the persons from both the sides have suffered injuries in the incident; the deceased had suffered a single blow on her head and the applicant had also suffered a lacerated wound on his head; the FIR levelled similar allegations against all the accused persons and no specific role has been assigned and the five co-accused persons have already been enlarged on bail, I am of the view that the applicant is also entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Shubham Yadav 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 :- 22.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench