MOHD. SAFI v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. HOME LKO.
BAIL/8837/2025 · 2025-09-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163898 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163898 (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. - 8837 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms.Vedika Dwivedi, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record.Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 571 of 2025, under Sections 190, 191(2), 115(2), 109(1), 351(3) B.N.S, registered at Police Station Kotwali Nagar, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.07.2025 against four named persons, including the applicant and three unknown persons, stating that all the accused persons had beaten up the informant and had got his head shaved by co-accused Dinesh Nai. 4. The informant/complainant suffered four injuries in the incident and the doctor has opined that all the injuries are simple in nature. 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. 6. The applicant's wife had given an application to the Superintendent of Police stating that the complainant had indulged into obscene Versus Counsel for Applicant(s) : Vedika Dwivedi, Himanshu Tiwari Counsel for Opposite Party(s) : G.A. Mohd. Safi .....Applicant(s) State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. .....Opposite Party(s)
conversation with the applicant's sister-in-law and had threatened to abduct her. 7. A supplementary affidavit has been filed annexing therewith statement of the informant and he has also stated that he used to talk to the applicant's sister-in-law whereas the applicant and his wife were opposed to it and, therefore, he was beaten up. 8. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the matter is still going on. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have taken place because the complainant had expressed his love with the applicant's sister-in-law; the injuries caused in the incident are simple in nature, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 22.07.2025 whereas the investigation could not be concluded even after expiry of about two months, 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- Mohd. Safi 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 16, 2025 Preeti. BAIL No. 8837 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench