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2025 DAILYLAW 162339 (ALL)

HARSH @ ANURAG v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8366/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8366 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Deepansi, the learned counsel for the applicant as well as Sri Shikher Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 538 of 2024, under Sections 191(2), 191(3), 190, 115(2), 351(3), 117(2), 309(6), 109(1) B.N.S, registered at Police Station Para, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 16.09.2024 against nine named persons, including the applicant and 5-6 unknown persons, stating that all the accused persons had assaulted the informant. 4. The F.I.R alleges that co-accused Shankar had assaulted on the informant's head with a banka. Abhay had assaulted on his hand with hammer, Zuber had threatened him with a pistol and the applicant- Anurag had assaulted on his head with a knife. The injury report does not mention any incised wound on the head of the informant. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Deepansi, Kuldeep Kumar Srivastava, Mangal Sen Yadav, Pankaj Verma Counsel for Opposite Party(s) : G.A. Harsh @ Anurag .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. The learned counsel for the applicant has submitted that co-accused Shankar has already been granted bail by means of an order dated 05.03.2025 passed by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 639 of 2025. 7. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case, in which he has been granted bail by the Session Court. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 31.07.2025. 9. Having considered the aforesaid facts and circumstances 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Harsh @ Anurag be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 8, 2025 Preeti. BAIL No. 8366 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench