DEEN DAYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/7297/2025 · 2025-08-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156502 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45999 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7297 of 2025 Applicant :- Deen Dayal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Uma Kant,Shrayansh Verma Counsel for Opposite Party :- G.A.,Kishan Tiwari Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Uma Kant, learned counsel for the applicant, Shri Amit Kumar Dwivedi, learned A.G.A. for the State, Shri Kishan Tiwari, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.162 of 2025, under Sections 109(1), 352, 351(2) B.N.S., registered at Police Station Shardanaga, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2025 against 2 persons including the applicant and his son Chote Lal, stating that because of a dispute regarding sowing part of an agricultural field, the accused persons assaulted on the neck of the informant's brother with a Hasia due to which he fell unconscious. 4. The injury report mentions a single incise wound suffered by the injured persons and the injury has not been found to be grievous in nature although the F.I.R. states that the accused persons had assaulted the victim. In the statement of victim, he stated that the applicant had assaulted him. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 65 years old innocent person, he has been falsely implicated in the present case and he has no
criminal history. 6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application and both of them submitted that the victim was assaulted with a Hasia on his neck and the offence is serious in nature. The allegations have been established during the investigation and the charge sheet has been been submitted on 14.07.2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged against the two persons whereas the victim has suffered a single injury; that the injury suffered by the victim is simple in nature; that the applicant is a 65 years old innocent person, he has no criminal history and is languishing in jail since 16.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Deen Dayal be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 :- 6.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench