AKHILESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/8766/2025 · 2025-09-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164285 (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. - 8766 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Jaikaran, the learned counsel for the applicant as well as Sri Shikar Srivastava, the learned AGA 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.140/2025, under Sections 191(2), 191(3), 109(1), 352, 351(3) B.N.S, registered at Police Station- Gomti Nagar Extension, District- Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 30.07.2025 against three named persons including the applicant and 8-10 unnamed persons stating that all the accused persons have beaten up the informant's husband, namely, Pradeep Kumar with sticks, with the intention to kill him and when some persons tried to intervene, they were also beaten up resulting in injuries being caused to two persons, namely, Rahul and Radhe Shyam. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged about 21 years, he has been falsely implicated in the present case, he has no criminal history and he is languishing in jail since 01.08.2025. 5. The supplementary affidavit has been filed on behalf of the applicant enclosing therewith the supplementary medico-legal examination report of injured person. The same is taken on record. Versus Counsel for Applicant(s) : Jaikaran Counsel for Opposite Party(s) : G.A. Akhilesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. The short counter affidavit has been filed on behalf of informant stating that the applicant's brother has donated blood to the injured, namely, Pradeep Kumar. Therefore, informant and the injured wants to settle the matter with the applicant and they have no objection against the applicant being enlarged on bail. The aforesaid affidavit is taken on record. 7. The learned AGA has opposed the bail application but he could not dispute the aforesaid aspects of the matter. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the averments made in the short counter affidavit coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 01.08.2025, thus, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Akhilesh Kumar 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 12, 2025 V. Sinha BAIL No. 8766 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench