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2025 DAILYLAW 156621 (ALL)

RAJESH VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7383/2025 · 2025-08-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46333 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7383 of 2025 Applicant :- Rajesh Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satish Kumar Sharma,Suraj Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Satish Kumar Sharma, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate 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. 0093 of 2025, under Sections 109, 352, 3 (5) B.N.S., registered at Police Station Aaspur Devsara, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.04.2025 against the applicant and Buddhi Mishra stating that both the accused persons entered the informant's house and assaulted the informant's husband and two other persons causing serious injuries to them. The CT examination of Mulli Devi discloses linear non displaced fractures on the skull, epidural hematoma involving right perietal region of brain and multiple intraparenchymal hemorrhagic contusions besides some other abnormalities. 4. In the statement of the injured persons they stated that the applicant had assaulted them with stick because of a property dispute. A stick has been recovered from an open place on the pointing out of the applicant. 5. In the affidavit filed in support of 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. The investigation stands concluded and a copy of the charge sheet dated 30.05.2025 has been annexed with the bail application. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and thereafter a charge sheet has been submitted by the Investigating Officer. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is said to have been taken place because of a property dispute; that the applicant has no previous criminal history and he is languishing in jail since 07.04.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Rajesh Vishwakarma be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench