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2025 DAILYLAW 166613 (ALL)

PRADEEP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/9173/2025 · 2025-09-25

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9173 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by Ms. Gudiya Yadav, the learned counsel for the applicant is taken on record. 2. Heard Ms. Gudiya Yadav, the learned counsel for the applicant as well as Mr. Avishesh Kumar Singh, the learned A.G.A. for the State and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0186/2024, under Sections 307/324/352 I.P.C., registered at Police Station- Dostpur, District- Sultanpur. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.06.2024 against the applicant and two unknown persons stating that the complainant and the accused persons consumed liquor together, during which, some altercation took place among them and the accused persons assaulted the complainant with a sharp edged knife. 5. 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. The applicant has been involved in 24 other cases, description of 20 cases has been given in paragraph no.12 of the affidavit filed in support of the application and description of rest of the 4 cases has been given in paragraph no.2 of the supplementary affidavit filed today. In all the cases, the applicant is on bail. Versus Counsel for Applicant(s) : Gudiya Yadav Counsel for Opposite Party(s) : G.A. Pradeep Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 6. Although, the complainant had supported the FIR version in her statement given before the Investigating Officer, the complainant has turned hostile upon being examined by the trial court. The injured witness has also turned hostile. 7. A co-accused, namely, Dinesh Kumar Nishad has been granted bail by means of an order dated 10.09.2024 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.9620 of 2024. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that A co-accused, namely, Dinesh Kumar Nishad has been granted bail coupled with the fact that the applicant is languishing in jail since 23.06.2025 whereas the witnesses have turned hostile, 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- Pradeep 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 25, 2025 V. Sinha BAIL No. 9173 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench