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2025 DAILYLAW 168125 (ALL)

RAJKUMAR @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9437/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9437 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicant as well as Sri Kamlesh Kumari, 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.47/2025, under Sections 109(1), 333, 115(2), 352, 351(3) B.N.S, registered at Police Station- Gosaiganj, District- Ayodhya. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.04.2025 against six persons including the applicant and his father, mother, brother and two sisters stating that all the accused persons entered the complainant's house and assaulted his son. Co-accused Sandeep is said to have assaulted the complainant's son with a brick causing injures in both of his eyes. Although, in the FIR, it is alleged that the complainant's son suffered four fractures but this allegation is not supported by the medico-legal examination report of the victim, which mentions that three injuries of simple in nature have been suffered by the complainant's son. Complainant's wife has complaint of pain. 5. In the statement of the injured, no specific allegation has been leveled Versus Counsel for Applicant(s) : Santosh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rajkumar @ Golu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) against the applicant. 6. 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. 7. The learned A.G.A. has opposed the bail application. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the entire family of the applicant has been implicated in the present case, although the allegation of causing injury is specifically leveled on a co-accused person; that the allegation leveled in the FIR that the the complainant's son had suffered four fractures is not supported by the medico-legal examination report, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 17.09.2025, 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- Rajkumar @ Golu 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. 9437 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench