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2025 DAILYLAW 178971 (ALL)

VIJAY TIWARI @ GAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11361/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11361 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0104 of 2025 under sections 115(2), 352, 351(2), 118(1), 105 BNS, P.S. Piparpur, District Amethi. 3. In terms of the FIR, it was alleged that the informant was aged about 75 years and on 15.09.2025 when he was getting some work done at his agricultural field, the applicant came and started taking the irrelevant things and when the same was resisted, the informant was hit by fist and a sharp edged instrument and thereafter they ran away. 4. The informant gave the similar statement and the injury noticed on the victim was two abrasions, injury on the lower eye, subsequently, however, the victim died and the cause of death was ante-mortem injuries. In the injury reflected in the postmortem report reveal the injury no.1 was stitch wound on the scalp and a contusion mark on the lower abdomen. 5. The counsel for the applicant argues that it is only the injury no.3, which was attributed to the axe done as per the FIR and the injury no.1 was an old injury. The statement of the eye witness on record also suggest that the applicant had beaten up with fist, and no recovery of weapon has been done. Versus Counsel for Applicant(s) : Pramod Kumar Counsel for Opposite Party(s) : G.A. Vijay Tiwari @ Gappu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Considering the FIR allegation and the injuries as reflected soon thereafter, prima-facie, they cannot be linked with the cause of death, as such, the applicant who is in custody since 27.09.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed. 7. Let the applicant Vijay Tiwari @ Gappu be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 19, 2025 VNP/- BAIL No. 11361 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench