AKASH KUMAR v. STATE OF U.P THRU. PRIN. SECY. HOME
BAIL/1419/2025 · 2025-11-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176410 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176410 (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. - 1419 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State. 2. The present application has been filed with the prayer to enlarge the applicant on bail in Case Crime No.248 of 2024 under Sections 109, 352 BNS, Police Station- Motiganj, District- Gonda. 3. Learned counsel for the applicant submits that the co-accused Brejesh Kumar has been granted bail by this Court vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No.13293 of 2024, the bail order is annexed as Annexure No.5 to the bail application and the applicant claims parity with the bail order of the co-accused. 4. Learned A.G.A has opposed the bail application and has submitted that during the statement of injured, the role of causing stab injury in the abdomen of the injured has been assigned to the applicant. He has further submitted that Dr. Khalid Bilal, who has treated the injured has stated that the injuries caused were fatal and the injured was referred to the KGMU hospital. As per the injury report, the stabbed wound of 3 cm*0.5 cm on the left side of the abdomen 15 cm below left nipple has been found in the body of the injured.,
5. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, along with the fact that this is the third bail application of the Versus Counsel for Applicant(s) : Udai Bhan Pandey Counsel for Opposite Party(s) : G.A. Akash Kumar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home .....Opposite Party(s)
applicant. The first two bail applications of the applicant have been rejected, the copy of the bail rejection orders have been annexed as Annexure Nos. 4 and 5 to the bail application; as also the statement of the injured, where specific role of causing stab injury has been assigned to the present applicant and the nature of the injuries sustained by the injured. In such circumstances, the contention of learned counsel for the applicant seeking parity of the co- accused Brejesh Kumar is untenable and no case for parity is made out. Thus, I do not find it a fit case for grant of bail. 6.
Accordingly, the bail application is rejected. 7. Learned trial court is directed to examine the injured witness, expeditiously, within a period of six months. 8. The applicant shall be at liberty to revive the bail plea once the statement of the injured is recorded. November 6, 2025 DiVYa BAIL No. 1419 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench