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2025 DAILYLAW 141325 (ALL)

VIPIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/4470/2025 · 2025-07-03

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37664 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4470 of 2025 Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Surya Prakash Singh,Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the allegations in the FIR, on 23.03.2025 at around 7:30 p.m., while the complainant’s son Ashish and nephew Shailendra were returning home, the named accused persons, armed with lathis and dandas, launched a deadly assault on them with the intention to kill. Learned counsel for the applicant submits that the role of causing grievous injury to Bhagwat Prasad has been assigned to co-accused Sadanand, whereas the applicant is alleged to have caused injury to Shailendra Pratap, who sustained a fracture in his hand. It is further submitted that case of the applicant is on better footing than that of co-accused Sadanand, who has already been granted bail by this Court vide order dated 24.06.2025 passed in Criminal Misc. Bail Application No. 5446 of 2025. The applicant seeks parity with the said co-accused. He has no prior criminal history and is in custody since 27.03.2025. The charge sheet has already been filed in the matter. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the nature of the injury sustained by Shailendra Pratap Singh, the period of incarceration undergone by the applicant, the bail granted to similarly placed co-accused Sadanand, and the absence of any criminal antecedents, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail.. Accordingly, the bail application is allowed. Let the applicant Vipin involved in Case Crime No.67 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3), 109(1), 117(2) B.N.S., P.S.- Kotwali Bikapur, District - Ayodhya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). Order Date :- 3.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench