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2025 DAILYLAW 175317 (ALL)

ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11976/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11976 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard the learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241/2025, under Sections 191(2), 115(2), 352, 351(2), 109 B.N.S, registered at Police Station- Mailani, District- Kheri. The aforesaid case has been registered on the basis of F.I.R. lodged on 08.06.2025 against six persons including the applicant and his family members stating that because of an old animosity, all the accused persons had beaten up the complainant's wife and when his daughter had tried to save her, she was also assaulted. 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 previous criminal antecedent. In the affidavit filed in support of the bail application, it has further been stated that the complainant's daughter has suffered a fracture in her frontal bone, injures suffered by his wife are simple in nature. In the alleged incident, applicant and his family members have also suffered injuries. Learned counsel for the applicant submits that the co-accused Janki Prasad who was assigned the similar role has been enlarged on bail by this Court vide order dated 26.09.2025 passed in criminal misc. bail application No. Versus Counsel for Applicant(s) : Arun Singh Somvanshi Counsel for Opposite Party(s) : G.A. Ashish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 9443 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and 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 three persons from the applicant's side have also suffered injuries in the alleged incident and co-accused Janki Prasad has been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 04.11.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail on the ground of parity. Accordingly, this bail application stands allowed on the ground of parity. Let the applicant- Ashish Kumar 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. December 2, 2025 R.C. BAIL No. 11976 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench