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2025 DAILYLAW 172284 (ALL)

PRINCE v. STATE OF U.P.

BAIL/29555/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29555 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Lavkush Dixit, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. Perused the material available on record. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 154 of 2025, under Sections 115(2), 352, 351(2), 110, 105 B.N.S., Police Station- Saifai, District- Etawah, during the pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with three named accused is alleged to have assaulted the husband, brother-in-law and father-in-law of the informant. Father-in-law of the informant, namely, Bhure Singh succumbed to the injuries on 10.7.2025. According to the postmortem report, four antemortem injuries were found on the body. Two injuries were on the head and other injuries were on non vital parts of the body. It is contended that vague and general allegations have been levelled against the applicant. The applicant has not been nominated as the principal offender who caused head injuries to the deceased Bhure Singh. The other injured persons received injuries on non vital parts of the body. Criminal history of the applicant has been explained in para no.3 of the supplementary affidavit. The applicant is in jail since 11.7.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Pankaj Kumar Mishra, Satyendra Narayan Singh Counsel for Opposite Party(s) : Akash Yadav, G.A., Lavkush Dixit, Vipin Kumar Yadav Prince .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record this Court prima facie finds that vague and general allegations have been levelled against the applicant; the applicant has not been nominated as the principal offender who caused head injuries to the deceased Bhure Singh; the other injured persons received injuries on non vital parts of the body. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Prince, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 28, 2025 Manish Kr BAIL No. 29555 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad