VIJAY KUMAR @ KHUNTI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7739/2025 · 2025-08-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158183 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48876 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7739 of 2025 Applicant :- Vijay Kumar @ Khunti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sachin Verma, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 99/2025, under Sections 109(1) Bhartiya Nyay Sanhita, 2023 and Section 3/25/27 Arms Act, Police Station Deeh, District Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 06.05.2025 stating that unknown motorcycle borne miscreants had fired at the informant's father with intention to kill him due to which he suffered a bullet injury in his thigh. 4. In the statement of the victim recorded by the Investigating Officer, he stated that he has 6 children and 3 of them are not of good character. For this reason he has divested them of all rights in his property. A litigation regarding some property is going on between them. He stated that two of his sons Ashok Kumar and Abhay Chandra Sahu alias Sultan have threatened him several times that they would get him eliminated. He expressed suspicion that his aforesaid two sons had managed the assailants. 5. The police arrested Ashok Kumar and Abhay Chandra Sahu and in their custodial statement they stated about involvement of the applicant in commission of the offence. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed by the applicant disclosing his involvement in another criminal case in which he has already been granted bail. 7. Co-accused persons Ashok Kumar and Abhay Chandra Sahu have been granted bail by means of an order dated 23.06.2025 passed by a coordinate bench of this Court in Criminal Misc. Bail Application No. 5505 of 2025. 8. Learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
07.07.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view thefact that the applicant has been implicated in the present case on the basis of custodial statement of co-accused persons Ashok Kumar and Abhay Chandra Sahu and both of them have already been granted bail, coupled with the fact that the applicant is languishing in jail since 12.05.2025 whereas 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vijay Kumar @ Khunti 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 the 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 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench