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2025 DAILYLAW 186720 (ALL)

ABHISHEKH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7189/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7189 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.51 of 2025, under sections 105, 115(2), 117(2), 351(3), 352 BNS, P.S. Ramganj, District Amethi. 3. Learned counsel for the applicants argues that in terms of FIR it was alleged that informant was beaten by all the accused named in the FIR and when the family members tried to intervene they were also beaten up which resulted in substantial injuries on the head of the informant. Subsequently the informant died during treatment. Post mortem report indicates presence of contusion over the head, lacerated wounds on the lower lip and knee, contusion over right chest and right arm and left hand was found dislocated. The statement of eye witness is on record wherein he has stated that on account of flowing of water from handpump a petty dispute arose because of which altercation took place and the accused had beaten the informant which resulted in his death. No specific role was assigned to the applicants. No recovery was affected from the applicants. 4. Learned AGA has opposed the bail application. 5. Considering the general role assigned to the applicants, however, without commenting upon the merits of the case, the applicants who are in jail since 17.5.2025 and 5.6.2025 and have explained their criminal Versus Counsel for Applicant(s) : Ajay Vikram Counsel for Opposite Party(s) : G.A. Abhishekh Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) history are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Abhishekh Kumar and Jang Bahadur be released on bail in aforesaid FIR number on their furnishing personal bonds with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 3, 2025 J. K. Dinkar BAIL No. 7189 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench