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2025 DAILYLAW 144002 (ALL)

RAM PRAKASH KASHYAP @ PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/4988/2025 · 2025-06-03

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34392 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4988 of 2025 Applicant :- Ram Prakash Kashyap @ Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dheeraj Awasthi,Nivedita Krishnan,Shailendra Kumar Mishra Counsel for Opposite Party :- G.A. 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 Soharamau, 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, Prakash Kashyap and Anand Mishra, 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. 6. Co-accused Arvind having similar role has been granted bail by coordinate Bench of this Court vide order dated 28.5.2025 passed in Bail No.4731 of 2025. 7. The learned A.G.A has opposed the bail application but could not dispute the facts narrated by the applicant's counsel. 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 order of co-accused Arvind, 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- Ram Prakash Kashyap alias Prakash 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. Order Date :- 3.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench