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2025 DAILYLAW 158364 (ALL)

MALA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7854/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49553 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7854 of 2025 Applicant :- Mala And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shishir Srivastava,Brijendra Singh,Manoj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Brijendra Singh, learned counsel for the applicant, 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. 204 of 2024, under Sections 147, 308, 323, 504, 506 of IPC, registered at Police Station Bhadokhar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.05.2024 at 17:01 hrs against five named person, including the applicants and their unnamed relatives stating that the accused persons had assaulted the informants' daughter, son and wife with axe and sticks causing injuries in their heads. 4. In the affidavit filed in support of bail application it has been stated that the applicants are innocent and they have been falsely implicated in the present case. The applicant no. 1 is the mother of applicant no. 2. An FIR No. 205 of 2024 has been lodged from the side of the applicants on 09.05.2024 at 17:21 hrs against four persons, including the informant of the present case, stating that all the accused persons had assaulted the applicant no. 1, her daughter and son, Sanjay. All the persons from the applicants side have also received injuries in their heads. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and the allegations have been established during investigation and the charge-sheet has been submitted on 06.07.2024. The trial Court has taken the cognizance of the offenses. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that persons from both the sides have received injuries in the incident and the FIRs have been lodged from both the sides against each other and the applicants have no previous criminal history and they are languishing in jail since 25.06.2025, the investigation 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicants Mala and Ajay @ Tappu 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. Order Date :- 22.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench