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2025 DAILYLAW 188990 (ALL)

RAVI GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/13005/2024 · 2025-05-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30578 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13005 of 2024 Applicant :- Ravi Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla,Ashwani Kumar Dwivedi,Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Smriti, the learned counsel for the applicant and Sri Anurag Verma, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime no. 559 of 2024, under Sections 103(1) B.N.S. and Section 4/25 Arms Act, registered at Police Station Kotwali City, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.09.2024 at 10:20 hours, stating that the applicant stabbed his brother in chest. He was taken to the hospital where he was declared to be dead. 4. The post mortem report of the dead body mentions a stabbed wound of size 2cmX0.5cm, cavity deep present on left side of chest and the cause of death has been opined to be shock and hemorrhage due to ante mortem injury. 5. The applicant's father reiterated the F.I.R version in his statement recorded under Section 180 B.N.S.S. Several independent eye-witnesses have also supported the prosecution version. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. A knife was recovered from a house/shop on the pointing out of the applicant. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 03.09.2024 has been annexed with the affidavit. 9. Two supplementary affidavits have been filed on behalf of the applicant annexing therewith copies of statements of nine prosecution witnesses, all of whom have turned hostile. 10. The learned A.G.A-I has produced the relevant extract of case diary for perusal of the case, wherein it is recorded that the incident was recorded in the footage of a CCTV camera installed near the place of the incident and the footage has been saved in a pen drive. 11. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court in favour of the applicant by enlarging the applicant on bail. 12. Accordingly, this bail application stands rejected. (Subhash Vidyarthi,J.) Order Date :- 22.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench