BHAGELU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8241/2025 · 2025-09-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161409 (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. - 8241 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Anoop Kumar Upadhyay, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I 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.65 of 2025, under Section 326(G) of B.N.S., registered at Police Station Motiganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.05.2025 against four persons, including the applicant, his two brothers and his father, stating that the accused persons had set the hut of the informant ablaze. 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. It has also been stated in the affidavit that the family members of the informant of the present case had attacked the applicant's house on 06.05.2025 and beaten up the applicant and his family members and damaged a cemented sheet. The complaint in this regard was lodged on Jan Sunvai Portal on 09.05.2025 and the complaint was sent to the police on 11.05.2025 through registered post. After the aforesaid complaint was lodged on the Jan Sunvai Portal on 09.05.2025, the informant has lodged the present F.I.R. on 10.05.2025 regarding the incident which allegedly took place on 06.05.2025. 6. Learned A.G.A.-I has opposed the bail application and she has submitted Versus Counsel for Applicant(s) : Anoop Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Bhagelu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
that investigation in the matter is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant had already lodged a complaint on Jan Sunvai Portal regarding the incident dated 06.05.2025 on 09.05.2025; although the incident took place on 06.05.2025 but the F.I.R. has been lodged with a delay of four days without explaining any reason for the delay and that the applicant has no criminal history and is languishing in jail since 10.07.2025, 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 - Bhagelu 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. September 3, 2025 S. Shivhare BAIL No. 8241 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench