SURENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8258/2025 · 2025-09-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161141 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8258 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Manvendra Verma, Learned Counsel for the applicant, and Ms. Shikha Sinha, Learned Addl. Government Advocate-1st, for the state. 2. The applicant has filed this application seeking bail in F.I.R./Case Crime No. 0264 of 2025 under Sections 333, 115(2), 109(1), 74, 351(2), B.N.S., P.S. Bhira, Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an FIR lodged on 15/7/2025 against four persons, including the applicant, his father, wife, and son, stating that on 8/3/2025 all the accused persons, carrying sticks and a banka, entered the informant's house and assaulted the informant's husband, her son, and daughter. The applicant, Surendra, assaulted the informant's son, Raja, on his head with the banka. 4. A medico-legal examination of the informant, Raja, was conducted on 9/3/2025, and its report mentions two incised wounds on his head. The doctor has opined the injuries to be simple in nature. 5. In the statements of the informant and the injured, Raja, they supported the FIR version. 6. 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. 7. Learned counsel for the applicant has submitted that previously an FIR No. 97 of 2025 was lodged in PS Bhira, District Kheri, on 9/3/2025, by the applicant's father, against four persons, including the informant of the present case, Seema Devi, her husband Vinod Gupta, and her son and daughter, regarding an incident that took place on 8/3/2025, and the present FIR has been lodged after more than four months as a counter- blast action to the said FIR. 8. Learned AGA-I has opposed the bail application, and she has submitted that investigation in the matter is still ongoing. Versus Counsel for Applicant(s) : Manvendra Verma Counsel for Opposite Party(s) : G.A. Surendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
9.
Having considered the aforesaid facts and circumstances of the case, and keeping in view the fact that the earlier incident allegedly took place on 8/3/2025, regarding which FIR was lodged by the applicant's father on 9/3/2025, and the present FIR has been lodged on 15/7/2025 without there being any explanation for the delay; that both the injuries caused in the incident are simple in nature, and that the applicant has been in jail since 18/7/2025, whereas he has no previous criminal history, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Surendra 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 2, 2025 A.Nigam BAIL No. 8258 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench