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2025 DAILYLAW 172684 (ALL)

PINTOO @ SURYAKANT v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. GOVT. LKO.

BAIL/10834/2025 · 2025-11-07

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10834 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Shri Amit Kumar Dwivedi, learned A.G.A. for the State. The instant application has been filed seeking release of the applicant on bail in Case Crime No.247 of 2025 under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(3), 117(2), 324(4), 333 of B.N.S. registered at Police Station- Kotwali Bikapur, District- Ayodhya. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.07.2025 against four named persons, including the applicant and 10-12 unknown persons, stating that the accused persons had assaulted the informant's maternal uncle while he was sleeping and demolished a newly constructed boundary wall. The victim ran inside the house to save him whereupon the accused persons had also entered the house and had beaten up the other members of the family present there. One of the persons suffered a grievous injury which was a fracture in hand. Co-accused persons Virendra and Arti Singh have suffered numerous injuries in the incident. In the affidavit filed in support of the bail application, it has been Versus Counsel for Applicant(s) : Anil Kumar Tiwari, Amit Kumar Tiwari Counsel for Opposite Party(s): G.A. Pintoo @ Suryakant .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. .....Opposite Party(s) stated that the applicant having no criminal history and he has been falsely implicated in the present case. The injury report of persons from the informant's side as well as persons from the applicant's side has been brought on record by filing a supplementary affidavit. IIt is submitted by the learned counsel for the applicant that the co- accused Shubham Singh, who has been assigned a similar role, has already been granted regular bail by a Coordinate Bench of this Court vide order dated 17.09.2025 (Annexure-7 to the bail application). It is further submitted that while Shubham Singh was named in the FIR, the applicant was not named therein, and his name has been subsequently added by way of improvement in the statement of the complainant recorded under Section 161 Cr.P.C. It is thus contended that the case of the applicant stands on a better footing than that of the co-accused Shubham Singh, and the applicant, therefore, claims parity with the said bail order. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present case is still going on. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that persons from both the sides have received numerous injuries in the incident and the FIR does not disclose the injuries suffered by the persons from the applicant's side, which prima facie indicates that the FIR does not disclose the complete facts and having no criminal history and he is languishing in jail since 29.07.2025, co-accused Shubham Singh has already been granted bail, who has been assigned similar role, 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 case. Accordingly, this bail application stands allowed on the ground of parity. Let the applicant- Pintoo @ Suryakant be released on bail in the BAIL No. 10834 of 2025 2 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. November 7, 2025 Madhu D.R/P.S BAIL No. 10834 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench