ASHISH @ ABHISHEK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/9468/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168339 (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. - 9468 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Manish Nigam, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.41 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 61(2)A, 323, 109(1) of BNS registered at Police Station Raniganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.02.2025 against 9 named persons, including the applicant, and some unnamed persons stating that the accused persons were cutting a green tree. The complainant's husband objected against it. Thereupon all the accused persons attacked him with sharp edged weapons and sticks. 4. The injury report mentions 10 injury suffered by the victim. The x-ray report reveals hairline fracture seen in occipital bone of the skull. 5. In the statement recorded of the injured persons, he levelled similar allegations all the accused persons and no specific allegation has been levelled against the applicant. 6. Five co-accused persons have already been granted bail. Four co-accused persons Surya Narayan Mishra, Nirmala Mishra, Seema Mishra and Pramila Mishra have been granted bail by the Session Court whereas another co- accused person Santosh Kumar Mishra has been granted bail by means of an order dated 21.07.2025 passed by a Co-ordinate Bench of this Court in Bail Application No.4720 of 2025. Versus Counsel for Applicant(s) : Manish Nigam, Amit Mishra Counsel for Opposite Party(s) : G.A. Ashish @ Abhishek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7. 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 and he has no criminal history. 8. Learned A.G.A.-I has opposed the application and he has submitted that the injured person has received numerous injuries in the incident, including some grievous injuries. The allegations have been established during the investigation and a charge sheet has been submitted on 07.07.2025 and therefore, the applicant is not entitled for bail. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. as well as the statement of the informant and injured person contain similar allegations against all the accused persons and no specific allegation has been levelled against the applicant and 5 co-accused persons has been granted bail in the present case and that the applicant is young man aged 20 years, having no criminal history and is languishing in jail since 09.08.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant - Ashish @ Abhishek 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 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 S. Shivhare BAIL No. 9468 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench