SACHIN KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/5950/2024 · 2025-07-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141357 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141357 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41656 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5950 of 2024 Applicant :- Sachin Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Hari Krishna Verma,Ali Moid,Sanjeet Kumar Patel,Sanjeev Verma Counsel for Opposite Party :- G.A.,Abhishek,Utkarsh Misra Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 11.11.2023 at about 09.00 pm, while the informant was closing his shop, hot talks ensued between the applicant and the informant relating to parking of the motorcycle in front of the shop. It is further alleged that the accused-applicant assaulted the informant with a knife which caused grievous injuries.
Learned counsel for the applicant submits that initially, the FIR was lodged under Sections 324, 504 IPC. Later on, while filing the charge-sheet, Sections 307 and 506 IPC have been added. It is next submitted that the dispute erupted all of a sudden due to sudden provocation. No grievous injury has been sustained by the complainant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 18.11.2023. Till date, only single witness has been examined and thus, the trial is not likely to be concluded in near future. 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. has opposed the prayer for bail of the applicant and submitted that as per the opinion of the doctor, though the injuries were caused by sharp edged objects, but they are simple in nature. On due consideration to the submissions advanced, perusal of the record so also the fact that the injuries are though on vital part but they are simple in nature; the applicant has no criminal history and he is languishing in jail since 18.11.2023; till date, only single witness has been examined and thus, the trial is not
likely to be concluded in near future and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sachin Kashyap involved in Case Crime No. 989 of 2023, under Sections 307, 324, 504, 506 IPC, Police Station- Kotwali Nagar, District- Gonda, 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 84 B.N.S.S. 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 209 of B.N.S.
Order Date :- 21.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench