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2025 DAILYLAW 184883 (ALL)

HARISH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12033/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12033 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State as well as Sri Ravi Kumar Singh, Advocate, who has filed the Vakalatnama on behalf of complainant which is taken on record. Accused-applicant seeks bail in Case Crime No. 336 of 2025 under Sections 191(2), 115(2), 352, 110, 351(2), 117(2) BNS, P.S.-Wazirganj, District- Gonda. In the prosecution case, it is alleged that applicant alongwith other named and unknown coaccused persons went to the shop of the complainant and abused and assaulted him with lathi, danda and rod and thereafter the said accused persons fled after threatening the complainant for life and other dire consequences. Submission of the learned counsel for the applicant is that in the FIR three persons are alleged to have been beaten by five named and one unnamed accused. Although in the FIR mentions three injured persons, the prosecution has examined four injured persons. The first injured-Sayapal Singh has sustained two injuries. His right forearm has been found to be fractured on X-ray. The second injured-Saurabh Singh has received six injuries. Injury No. 1, which is on left elbow joint, found to be fractured. The third injured-Deepanshu Singh has received simple injuries. The fourth- injured Sarvesh Singh has received simple injuries. No abnormality has been found in Injury Nos. 1, 6 and 7 during X-ray. Injury No. 9 was not subjected to X-ray. It is submitted that the allegations levelled by the injured witnesses against Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Harish Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the accused persons are general in nature. The offence will not travel beyond 117(2) BNS. The offence is punishable upto seven years. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as Sri Ravi Kumar Singh, Advocate, opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considered the aforesaid and perused the record. Considering the aforesaid facts and that applicant, having no criminal antecedents, is languishing in jail since 12.10.2025, gravity of the offence, severity of the punishment, general nature of allegations levelled against all the accused persons by the injured witnesses and the nature of injuries sustained by all the injured witnesses, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Harish Singh involved in aforesaid case crime be released on bail 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 8, 2025 Vinay/- BAIL No. 12033 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench