VIJAY SHANKER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/47/2025 · 2025-11-12
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196073 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 47 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.243 of 2024, under sections 333, 105, 115(2) BNS, P.S. Auras, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 22.9.2024 the applicant came to home of informant and an altercation took place in which the applicant hit father of the informant as well as the informant with a fawda which resulted in substantial injuries and death on 25.9.2024. The version of the eye witness is also to the same extent. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicant had not come with an intention to cause injury and death and he attacked the father of the informant with fawda that was kept in home prima facie mens rea is missing coupled with the fact that the incident occurred on account of altercation with no pre meditated incident, however, without commenting upon the merits of the case, the applicant who is in jail since 1.10.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Vijay Shanker be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Mohammad Ehtesham Khan, O P Tiwari Counsel for Opposite Party(s) : G.A. Vijay Shanker .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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.
November 12, 2025 J. K. Dinkar BAIL No. 47 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench