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2025 DAILYLAW 139236 (ALL)

ANAND KASHYAP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/4000/2025 · 2025-08-28

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4000 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 264 of 2024, under Sections 115(2), 351(2), 352, 333, 110, 105, 238 B.N.S, registered at Police Station Sohramau, District Unnao. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 23.12.2024 against three persons, including the applicant, Ram Prakash Kashyap and Arvind, stating that due to a dispute regarding throwing of garbage, the accused persons entered the informant's house and started assaulting him. When the informant's mother came forward to save him, all the accused persons assaulted on her head with a stick due to which she fell unconscious, when the informant's father tried to save him, he had also been beaten up. 4. In the post mortem examination report of the deceased (informant's mother), there is a stitched wound on left side of head, a contusion on top and back of head and an abrasion on upper back. The cause of death is opined as coma due to ante mortem head injury. 5. The applicant's counsel submits that general role has been assigned to the accused persons. There is no specific role attributed to the applicant. Versus Counsel for Applicant(s) : Gulam Mustafa, Dheeraj Awasthi Counsel for Opposite Party(s) : G.A. Anand Kashyap .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 6. Co-accused persons namely, Ram Prakash Kashyap @ Prakash and Arvind having similar role have been granted bail by this Court vide orders dated 03.06.2025 & 28.5.2025 passed in Criminal Misc. Bail Application Nos.4988/2025 & 4731/2025 to which applicant seeks parity. 7. The learned A.G.A has opposed the bail application and submits that applicant has confessed his guilt during police custody and police his recovered a danda from the applicant. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dispute erupted all of a sudden without any time to cool down, role assigned to the applicant as also the bail orders of co-accused Ram Prakash Kashyap @ Prakash and Arvind (supra), I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed on the ground of parity. 10. Let the applicant-Anand Kashyap be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. August 28, 2025 Saurabh Yadav/- BAIL No. 4000 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench