SUDHAKAR MAURYA @ SUDHAKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8867/2025 · 2025-09-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165192 (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. - 8867 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 A.G.A. 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.0140/2025, 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 had beaten up the informant's husband 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 more persons, namely, Rahul and Radhey Shyam. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, 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. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the supplementary medical report of the victim which mentions a head injury in left perietal bone with depressed fracture with underlying contusion. Versus Counsel for Applicant(s) : Indu Prakash Singh Counsel for Opposite Party(s) : G.A. Sudhakar Maurya @ Sudhakar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. A co-accused Akhilesh Kumar has been granted bail by means of an order dated 12.09.2025 passed by this Court in Bail Application No.8766 of 2025. Although that co-accused was granted bail on the consideration that the complainant had entered into a settlement with that co-accused person. 7. 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, the 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. 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 F.I.R. levels similar allegation against all three named and 8-10 unnamed accused persons and no specific allegation has been levelled against the applicant; that a co-accused has already been granted bail and that the applicant has no previous 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Sudhakar Maurya @ Sudhakar 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 S. Shivhare BAIL No. 8867 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench