Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164847 (ALL)

SHANKAR SINGH @ SUNNY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO.

BAIL/8835/2025 · 2025-09-18

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8835 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Anil Kumar Sharma, the learned counsel for the applicant, Sri Avishesh Kumar Singh, the learned A.G.A. for the State and Dr. Manish Kumar, Advocate has filed his vakalatnama on behalf of the complainant, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0397 of 2025, under Sections 115(2), 117(3), 131, 351(3) B.N.S, registered at Police Station P.G.I, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.08.2025 against two named persons including the applicant, stating that due to a dispute started because of a cow, the named accused persons called some other miscreants and attacked the complainant/informant's father with sticks and bricks due to which two of his fingers got severed. 4. 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. 5. It has further been stated in the affidavit that the applicant himself had also suffered injuries in the incident as it is evident from the prescription of Community Heath Center, Mohanlalganj, Lucknow, which mentions injury of assault by lathi on head and other parts of body, which were not noted fully. The applicant was referred to Civil hospital for further management but prior to that he was arrested. 6. The learned A.G.A. has produced the arrest memo of the applicant which mentions that there was a bandage placed on the right elbow of the applicant. The applicant was examined medically on Versus Counsel for Applicant(s) : Anil Kumar Sharma, Shivam Mishra Counsel for Opposite Party(s): G.A., Bhupendra Prakash, Manish Kumar Shankar Singh @ Sunny Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. .....Opposite Party(s) 12.08.2025 and his injury report mentions multiple abrasions on right forearm and abrasion on right knee joint. These injures have not been explained in the F.I.R or in the statements recorded during investigation, which have been placed before this Court by the learned A.G.A. He further submitted that the investigation in the present case is still going on and there is a CCTV footage showing the applicant's involvement in the incident. 7. The learned counsel for the complainant has vehemently opposed the bail application and he has submitted that the victim has lost two fingers because of the assault made by the applicant and, therefore, he is not entitled to be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the statement of the witnesses, the incident started becasue of the complainant had tied a cow in a public passage which was being objected by the accused persons; the dispute escalated suddenly and the persons from both the sides have received injuries in the incident; two fingers of the victim are said to have been cut in the incident, although there is no allegation that any sharp edged weapon was used by any of the accused person; the applicant's injuries have not been explained by the complainant, which shows that the complainant has not come up with complete facts and that the applicant is a young man having no criminal history and he is languishing in jail since 12.08.2025, 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- Shankar Singh @ Sunny Singh 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 18, 2025 Preeti BAIL No. 8835 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench