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2025 DAILYLAW 159211 (ALL)

MUKESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/8557/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8557 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Sonam Kumari Thapa, 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. 291 of 2025, under Sections 115(2), 118(2), 352, 351(2) B.N.S., registered at Police Station Deva, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the father in law of the applicant on 18.05.2025 stating that the applicant was beating his wife as well as the elder daughter of the informant and when the informant tried to save them the applicant abused and beaten him up and bit his right thumb with his teeth. 4. 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. 5. The affidavit in support of the bail application has been filed by the wife of the applicant regarding whom it is alleged that she was beaten by the applicant and when the informant tried to save her he was assaulted. The applicant's wife who is the informant's daughter herself has stated that the allegations are false. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of medico legal examination report which Versus Counsel for Applicant(s) : Sanat Singh, Sonam Kumari Thapa, Sudhir Kumar Counsel for Opposite Party(s): G.A. Mukesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) mentions that the tip of right thumb of the informant was missing. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and on the basis of written instructions provided to him he has stated that in the radiological examination report it is mentioned that the right thumb of the informant was missing. He has submitted that the allegations have been established during investigation and a charge sheet has already been submitted on 16.06.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R. the incident occurred when the applicant's father in law tried to save his daughter who was beaten up by the applicant, whereas the said daughter herself has filed her personal affidavit in support of the bail application stating that the allegations levelled in the F.I.R. are false; that the applicant has no previous criminal history and he is languishing in jail since 13.06.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Mukesh Kumar 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. September 11, 2025 Ram. BAIL No. 8557 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench