PRINCE @ KALLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/8336/2025 · 2025-09-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161665 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161665 (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. - 8336 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Neeraj Singh, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State, Shri Suresh Chand Shukla, Advocate holding brief of Shri Vikalp Shukla, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.186 of 2025, under Sections 109, 3(5) of the Bhartiya Nayaya Sanhita (B.N.S.), 2023 and Sections 25/27 of Arms Act, registered at Police Station Fatehpur Chaurasi, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.05.2025 against the applicant and another person Dinesh, stating that the accused persons, who belong to the family of the complainant, had assaulted the informant's son and he suffered a gun shot injury beneath his ribs. 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. An F.I.R. No.187 of 2025 was lodged in P.S. Fatehpur Chaurasi, District Unnao for the offences under Sections 92, 352, 333, 115(2) & 35 of BNS on the very same date against three persons, including the injured Pradeep, stating that during a family function, the accused persons misbehaved and upon being objected, they assaulted the informant's daughter and son-in-law causing miscarriage of the informant's daughter. 6. A supplementary affidavit has been filed on behalf of the applicant Versus Counsel for Applicant(s) : Neeraj Singh Counsel for Opposite Party(s) : G.A. Prince @ Kallu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
annexing therewith copies of materials collected during the investigation. 7. A short counter affidavit has been filed by the complainant stating that the parties belong to the same family, they have arrived at a settlement, they have resolved their disputes and the complainant does not want any proceedings to continue against the applicant. 8. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 24.07.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the parties belong to the same family, the applicant has no previous criminal history, the parties have arrived at a settlement and the applicant is languishing in jail since 21.05.2025 whereas the investigation 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 in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant - Prince @ Kallu 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 4, 2025 S. Shivhare BAIL No. 8336 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench