Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164908 (ALL)

SUNITA AND 4 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER

BAIL/9251/2025 · 2025-09-24

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. - 9251 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Gudiya Yadav, learned counsel for the applicants, Shri Rajesh Kumar Singh, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.531 of 2025 under Sections 109, 115(2), 3(5), 333 of B.N.S. registered at Police Station- Kotwali Nagar, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.07.2025 against eight persons, including the applicants and other family members stating that all the accused persons entered the informant's house and assaulted the complainant's brother with an axe and a sharp edged weapon causing a wound on head. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent women and they have been falsely implicated in the present case. 5. The applicants' involvement in another case has been disclosed in para 12 of the affidavit filed in support of the bail application, in which they have been enlarged on bail. 6. The injury report mentions a lacerated wound and swelling over head and some contusions and swelling. The injury report specifically mentions that alcoholic smell was present. Versus Counsel for Applicant(s) : Gudiya Yadav Counsel for Opposite Party(s) : G.A. Sunita And 4 Others .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 7. The learned A.G.A.-I has opposed the bail application and he has submitted that investigation in the present case is still going on. He has further submitted that an iron rod with three holes, in one of which a nut-bolt was affixed, was recovered on joint pointing of all the accused persons. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has suffered a solitary lacerated wound, besides some contusion and abrasion and there is no specific allegation that any of the applicants had caused that wound; the medico-legal examination report specifically mentions that alcoholic smell was present during examination of the injured person; that the applicants are women and they are 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 applicants on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicants- Sunita, Roli, Suman, Shanti and Savitri be released on bail in the aforementioned 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 24, 2025 -Amit K- BAIL No. 9251 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench