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2025 DAILYLAW 152008 (ALL)

VINOD GOSWAMI @ VINOD KUMAR v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME LKO.

BAIL/6604/2025 · 2025-07-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41190 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6604 of 2025 Applicant :- Vinod Goswami @ Vinod Kumar Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No. 221 of 2024, under Sections 308, 323, 324, 504, and 506 of the Indian Penal Code, Police Station Colonelganj, District Gonda. As per the prosecution case, it is alleged that on 21.05.2024 at around 7:00 p.m., near a liquor shop, the applicant along with co-accused persons, due to a trivial issue, allegedly attacked Sanjay, his uncle, and father. All three are said to have sustained injuries. Learned counsel for the applicant submits that except for the injured Heeralal, the injuries received by the rest of the injured persons are simple in nature. It is further submitted that no specific role has been attributed to the applicant or to any individual accused for causing the head injury to Heeralal. The applicant is in jail since 30.08.2024. The criminal history of the applicant, involving five cases, has been duly explained in paragraph 23 of the bail application. It is also submitted that the charge sheet has been filed and there is no likelihood of the applicant tampering with the evidence or influencing the witnesses. Learned A.G.A. has opposed the bail prayer and submits that injured Heeralal sustained a 10 cm long wound on the left side of his head, and was admitted to KGMU, Lucknow, after being referred from District Hospital, Gonda, on 21.05.2024. An operation of the left parietal bone, which was found fractured, was conducted, and he was ultimately discharged on 25.05.2024. The charge sheet in this case was filed on 06.11.2024. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that in the prosecution case, prima facie, no specific role has been assigned to any individual for causing head injury to the injured Heeralal; the allegations are general in nature; the remaining co-accused appear to have suffered only simple injuries; and the applicant is in jail since 30.08.2024, 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 Vinod Goswami @ Vinod Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 18.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench