Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156595 (ALL)

GOPI KISHAN HELA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7317/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:46045 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7317 of 2025 Applicant :- Gopi Kishan Hela Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pravin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pravin Kumar Singh, learned counsel for the applicant, Shri Satyendra Srivastava, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.100 of 2025 under Sections 109(1), 352, 351(3) of B.N.S. and 4/25 of Arms Act registered at Police Station- Maheshganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2025 against three persons, including the applicant and his brothers, stating that all the accused persons had assaulted the informant with a knife causing serious injuries on his head and hand. 4. The injury report mentions a lacerated wound on frontal to perital bone, a contusion on left side of shoulder and complaint of pain over right arm. All the injuries were opined to be simple in nature caused by a blunt and hard object. The radio-logical report did not reveal any fracture. 5. In the statement of the victim and that of his wife and his father-in-law, it has been stated that the applicant had assaulted the informant with a knife. 6. Two independent witnesses have also given similar statements. 7. The police claimed to have recovered a knife from the applicant. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 9. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on12.06.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the consistent case of the prosecution is that the applicant had assaulted the informant with a knife causing serious injuries on his head and hand whereas the informant had not suffered any incised wound and that the injuries caused in the incident are simple in nature coupled with the fact that the applicant has no criminal history and he is languishing in jail since 26.05.2025 whereas the investigation stands concluded, 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 case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant 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. . [Subhash Vidyarthi, J.] Order Date :- 7.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench