SHARADVEER AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3740/2025 · 2025-05-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138117 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25339 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3740 of 2025 Applicant :- Sharadveer And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ajeet Kumar Singh, learned counsel for the applicants, Shri Mohd. Asif Khan, learned A.G.A-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.0050 of 2025, under Sections 191(2), 105, 115(2), 352 and 351(3) of B.N.S. registered at Police Station- Pachdevra, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.03.2025 at about 02:49 hours against eight persons, including the applicants, stating that the informant's son aged 27 years had gone for Holi Celebration outside the village alongwith one Mukesh and Sonu where all the accused persons abused and beat them up with sticks causing serious injuries to the informant's son Manoj, Mukesh and Sonu. All three of them were taken to the District Hospital from where Mukesh was referred to Lucknow and Mukesh died during treatment in the night of 14.03.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have no criminal history and they have been falsely implicated in the present case. 5. The postmortem report which mentions a solitary injury
being a contusion of size 9 cm X 7 cm on right side of head, haematoma was present all over the brain and the cause of death has been opined to be coma due to antemortem head injury. Sonu has suffered an abraded contusion on right forearm and Manoj had suffered a lacerated wound on top of skull, an abrasion on left side of face, a contusion on right side of back and complaint of pain on right foot. The injury No.1 was kept under observation and all the other injuries were reported to be simple in nature. 6. It has further been stated that four accused persons, including the applicant No.1, have also suffered injuries in the incident and copies of their injury reports have been annexed with the bail application. 7.
It has further been stated that two co-accused persons- Hariram and Abhiram has already been enlarged on bail by this Court by means of an orders dated 22.04.2025 and 25.04.2025 passed in Criminal Misc. Bail Application Nos.3379 of 2025 & 3504 of 2025 respectively. 8. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that the applicants are guilty of committing a heinous offence, the investigation is still pending and, therefore, the applicants should not be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged against eight persons, four of them, including the applicant No.1, received injuries in the incident and the FIR does not make any mention of the injuries sustained by the persons from the applicants' side; that the applicant No.1 has also received injuries in the incident; that the deceased has
suffered a solitary injury on his head and that injury is not attributed to the any of the applicants; that two co-accused persons have already been enlarged on bail; that the applicants have no criminal history and they are languishing in jail since 16.03.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sharadveer and Ajay Pal be released on bail in the aforementioned 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench