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2025 DAILYLAW 185253 (ALL)

ABHISHEK YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11973/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11973 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the FIR lodged by Pawan Kumar Singh on 09.07.2025, the applicant along with his mother and 15–16 unidentified persons allegedly chased Abhishek Yadav, who then entered the informant’s house to save himself. The accused group also entered the house and, when the informant’s family objected, they allegedly abused, threatened, and assaulted the informant, his son Deepanshu, his wife Kusum, and his brother Shrawan. It is further alleged that the applicant fired at the informant’s cousin Jitendra Singh with intent to kill, causing a gunshot injury to his leg. After issuing threats, the accused fled the scene. The injured were later taken for medical treatment, with Shrawan and Jitendra referred to the District Hospital for further care. Submission of learned counsel for the applicant is that the applicant has no criminal antecedents. While five persons have been shown as injured, Deepanshu and Kusum Singh have not been medically examined. The injuries sustained by Pawan Kumar Singh and Shrawan Singh are simple in nature, and no X-ray report has been produced. As regards Jitendra Singh, it is submitted that he suffered one entry wound and one exit wound on a non- vital part of the left leg, about 17 cm below the tibia, with the wound measuring approximately 3 cm × 1.5 cm with signs of singeing and tattooing. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Abhishek Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is also submitted that the testimony of the injured witnesses fails to demonstrate any deliberate attempt by the applicant to target a vital body part, and thus, the necessary ingredients of Section 307 IPC are not made out. 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 AGA has opposed the application, contending that Jitendra Singh sustained a firearm injury and Shrawan Singh received a lacerated wound on his head. Upon due consideration to the statements of the injured witnesses, the medical reports, the fact that the injuries are on non-vital parts of the body, the applicant’s lack of criminal antecedents, and that he is in custody since 03.09.2025, this Court is of the view that a case for grant of bail is made out. Accordingly, the bail application is allowed. Let the applicant Abhishek Yadav, involved in 194/2025, under Sections 190, 191(2), 191(3), 351(3), 352, 115(2), 109 BNS and Section 7 Criminal Law Amendment Act and Section 3/25 Arms Act, P.S. Akhand Nagar, Sultanpur, be released on bail in the aforementioned case 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 2, 2025 R.C. BAIL No. 11973 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench