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2025 DAILYLAW 162010 (ALL)

AJAY KUMAR v. STATE OF UP. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8333/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8333 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Lalit Kishore Tiwari, learned counsel for the applicant, Shri Prashant Tripathi, learned A.G.A. for the State, Shri Kaushlesh Singh, 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.386 of 2025, under Sections 109, 115(2), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023, registered at Police Station Safdarganj, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on the basis of an F.I.R. lodged on 31.07.2025 against the applicant and another persons Rajesh Kumar stating that because of a dispute regarding disposal of garbage, the accused persons had assaulted the informant by sticks and sharp edged weapon due to which the informant suffered injury on his head. 4. The injury report mentions two lacerated wounds on the victim's head. The injuries were simple in nature. 5. 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 because of the property dispute between the parties and he has no criminal history. 6. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case in which the Investigating Officer has submitted a closure report. Versus Counsel for Applicant(s) : Lalit Kishore Tiwari, Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of Up. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. 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 22.08.2025. 8. The learned counsel for the complainant has opposed the bail application and he has submitted that the informant has suffered multiple injuries in the incident. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place in the morning of 31.07.2025; that the victim himself has lodged the F.I.R. in the evening of 31.07.2025 and the injuries suffered by him are simple in nature; that the applicant is having no criminal history and he is languishing in jail since 31.07.2025, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant Ajay Kumar 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 2, 2025 S. Shivhare BAIL No. 8333 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench