VISHAL KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/12923/2024 · 2025-04-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169678 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169678 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24835 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12923 of 2024 Applicant :- Vishal Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sudhir Kumar Rai,Gaurav Srivastava,Imtishal Shah,Nawab Ahmad Khan,Rajjab Ali,Shafaq Fatima Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. A supplementary affidavit has been filed on behalf of the applicant which is taken on record. 2. Heard Sri Sudhir Kumar Rai, Advocate, alongwith Sri Gaurav Srivastava, Advocate, for the applicant, Ms. Shikha Sinha, the learned A.G.A. and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 182 of 2024, under Sections 323,504,506,302, I.P.C., Police Station Ajgain, District Unnao. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.06.2024 against four persons, including the present applicants, namely Vishal S/o Ajay and Ajay Kumar S/o Hemraj, stating that while the informant’s father was sleeping outside his home at about 11.40 p.m. on 13.06.2024, all the accused persons assaulted him with sticks causing serious injuries to him. The victim remained admitted to a hospital and he died on 29.06.2024. 5. The postmorterm report mentioned a stitched wound on left side back of head and an old healed and stitched wound on right side of back. The cause of death has been opined to be ‘Septicemia due to head injury’. 6. In the statements recorded during investigation all the accused persons have been assigned similar roles. The co- accused Subhash S/o Kunwar Bahadur is said to have been carrying an axe, while rest all the accused persons are said to have used sticks. 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. A supplementary affidavit has been filed on behalf of the applicant stating that co-accused Vishal has already been granted bail by means of an order dated 18.02.2025 passed by a Coordinate Bench in Criminal Misc. Bail Application No. 10946 of 2024. 9.
Although learned State Counsel has opposed the bail application, he could not dispute that the role assigned to the applicants is similar to the role assigned to the co-accused Vishal, who has already been granted bail. 10. Having considered the aforesaid facts and circumstances of the case, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicants- Vishal and Ajay Kumar be released on bail in the aforesaid case on each of them 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 30.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench