THAKUR PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7773/2025 · 2025-08-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157853 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157853 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48785 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7773 of 2025 Applicant :- Thakur Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Amar Singh, learned counsel for the applicant, Shri Manish Kumar Pandey, 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.89 of 2025, under Sections 191(2), 92, 352, 115(2) of BNS, registered at Police Station Kotwali Dehat, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on13.03.2025 against 10 persons, including the applicant, stating that because of a dispute regarding the passage, all the accused persons have assaulted the informant and her family members between 08:30 - 09:00 a.m. on 16.02.2025, in which the informant's brother-in-law and his wife suffered injuries and wife of the informant's brother-in-law also suffered miscarriage. The informant stated that she had not suffered any visible injury and she did not want to get herself examined medically. The medico-legal examination report of the informant's brother-in-law and his wife does not mention any mark of injury. 4. 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. 5. The learned counsel for the applicant has submitted that prior to lodging of the present F.I.R., the applicant's sister-in-law has lodged FIR No.54 of 2025 in Police Station Kotwali Dehat, District Balrampur on 16.02.2025 against four persons, including husband of the present informant, stating that because of the property dispute, all the accused persons had assaulted persons from the applicant's side. 6. Learned A.G.A. has opposed the bail and he has submitted that allegations levelled have been established during the investigation and a charge sheet has been submitted on
27.06.2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged incident took place on 16.02.2025; that the FIR of an incident was lodged from the applicant's side on the same date whereas the present has been lodged on 13.03.2025 and there is no explanation for delay in lodging the FIR; the allegations levelled in the FIR are not supported by the findings of the medico-legal examination report; that the applicant has no previous criminal history and he is languishing in jail since 03.05.2025 and the investigation already 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 crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Thakur Prasad 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 :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench