SARVAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/3548/2025 · 2025-04-28
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136849 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136849 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24047 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3548 of 2025 Applicant :- Sarvan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Sahu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Neeraj Sahu, learned counsel for the applicant, Sri Mohd. Asif Khan, the learned Additional Government Advocate-I 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.0451 of 2024, under Sections 115(2), 352, 351(2), 117(2) and 105 B.N.S., registered at Police Station Sandi, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.11.2024 against the applicant and his brother Ghanshyam stating that they are cousins of the informant's husband. While the informant was standing at her door at about 19.00 Hrs. on 01.11.2024, the accused persons started abusing her without any reason. When she resisted they had beaten her with kicks, fists and sticks. The injury form of the informant mentions a lacerated wound of size 1.00cmX0.5cm present in the lower part of left arm with swelling. The X-ray examination revealed a fracture of lower end of humorous bone. 4. In the statement of the informant she reiterated the F.I.R. version. In the statement of some other persons they stated that the applicant had hit the informant with a stick causing a
fracture in her left arm. The informant died on 06.02.2025. The postmortem examination report mentions cause of death to be shock due to septicemia. 5. The Investigating Officer recorded statement of doctor who was treating the informant, who stated that blood sugar of the deceased was very high. After controlling sugar her surgical operation was conducted but due to high blood sugar the wound did not heal. The screen grafting was also conducted but her condition suddenly deteriorated on 03.02.2025. Her pulse rate and blood sugar dipped very low and the patient went into depression because of infection in the blood her condition further deteriorated and she died on 06.02.2025.
In response to a specific question, the doctor stated that the deceased has not died due to the injury in her hand but as her would could not heal due to high blood sugar and the patient repetitively went home from the hospital due to which the infection kept on rising and it developed into septicemia and the patient went into shock and died. 6. 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. 7. It has further stated that co-accused/Ghanshyam has been enlarged on bail by means of an order dated 21.04.2025 passed by this Court in Criminal Misc. Bail Application No.3292 of 2025
8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of
the case and keeping in view the statement of the doctor who has treated the victim and that the applicant has no previous criminal history and he is languishing in jail since 25.02.2025, whereas the co-accused person has already been granted bail 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- Sarvan 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 :- 28.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench