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2025 DAILYLAW 164713 (ALL)

DILEEP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/8782/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8782 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dheerendra Singh, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0246 of 2025, under Sections 109, 115(2), 118(1), 351(3), 352, 3(5) B.N.S., 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 26.06.2025 against the applicant, his brother and father stating that the accused person attacked the informant and her family members. They assaulted on the informant's head with an axe due to which she fell unconscious and they also assaulted the informant's father in law and her son. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has also submitted that the applicant himself as well as three other persons of his family have received injuries in the incident but the police did not lodge their F.I.R. 6. Co-accused Sandeep has been granted bail by means of an order dated Versus Counsel for Applicant(s) : Dheerendra Singh Counsel for Opposite Party(s) : G.A. Dileep .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 01.09.2025 passed by this Court in Bail Application No.8103 of 2025. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 07.08.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant and three persons of his family have also suffered injuries in the incident regarding which there is absolutely no explanation in the F.I.R.; that the F.I.R. does not level any specific allegation against the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 27.06.2025 and the investigation already stands concluded and co-accused Sandeep has been granted bail and without making any observation, which may affect the merits 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 in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Dileep be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. September 17, 2025 S. Shivhare BAIL No. 8782 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench