JANKI PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/9443/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168090 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168090 (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. - 9443 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Alok Kumar Singh, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State as well as Sri Santosh Kumar Pandey, the learned counsel for the complainant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241/2025, under Sections 191(2), 115(2), 352, 351(2), 109 B.N.S, registered at Police Station- Mailani, District- Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 08.06.2025 against six persons including the applicant and his family members stating that because of an old animosity, all the accused persons had beaten up the complainant's wife and when his daughter had tried to save her, she was also assaulted. 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 previous criminal antecedent. 5. In the affidavit filed in support of the bail application, it has further been stated that the complainant's daughter has suffered a fracture in her frontal bone, injures suffered by his wife are simple in nature. In the alleged incident, applicant, his wife and sister-in-law (bhabhi) have also suffered injuries. Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A., Rajesh Kumar Pandey Janki Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. A supplementary affidavit has been filed, in which, it has been stated that a cross FIR was also lodged by the applicant regarding the alleged incident against the accused persons. 7. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and investigation in the present case is still going on. 8. The learned counsel for the complainant has opposed the application and has submitted that one of the victims has received grievous injuries in the incident and the injuries suffered by the applicant's side are simple in nature. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that three persons from the applicant's side have also suffered injuries in the alleged incident, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 02.07.2025, 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- Janki Prasad 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 26, 2025 V. Sinha BAIL No. 9443 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench