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2025 DAILYLAW 179214 (ALL)

ATUL SAROJ @ LALE v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8464/2025 · 2025-12-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8464 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Prateek Shrivastava and Sri Shishir Raj, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.119 of 2025, under Sections 103(1), 3(5) of BNS, Police Station Ashpur Dewsara, District Pratapgarh. 3. In terms of the FIR, allegations were levelled that the younger brother of the informant was playing cricket when two accused named in the FIR hit him with Danda and sharp weapon, which resulted in substantial injury on the head and subsequent death. In terms of the injury report, three injuries are noted, which are lacerated wounds on occipital bone of head and back of the head. As per the postmortem report, the cause of death is due to ante mortem head injury. 4. The submission of the Counsel for the applicant is that none of the persons allegedly playing with the applicant was made a witness. The testimony of interested witnesses are on record. The recovery of Danda was also from the applicant and was seen from a bush. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that prima facie, the case as shown in the FIR to Versus Counsel for Applicant(s) : Prateek Shrivastava, Dhananjay Patel, Shishir Raj Counsel for Opposite Party(s) : G.A., Shanker Lal Pandey, Saumya Singh Atul Saroj @ Lale .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) be an old enmity; there being no material to reflect old enmity in between the parties; prima facie, it appears to be a dispute on account playing cricket; none of the persons playing cricket made prosecution witness; recovery from the applicant is not in the presence of independent witness coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 01.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 7. Let the applicant Atul Saroj @ Lale be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each 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. December 11, 2025 akverma BAIL No. 8464 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench