AJAI KUMAR VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/9721/2025 · 2025-10-10
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 196758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196758 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9721 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ranjeet Pratap Singh, who has filed Vakalatnama on behalf of informant. The Vakalatnama is taken on record. Supplementary affidavit filed by the applicant is also taken on record. 2. The applicant seeks enlargement on bail in FIR No.218 of 2025, under Section 103(1), 238 of BNS, Police Station Kotwali Nagar, District Pratapgarh. 3. In terms of the FIR, it was alleged that the son of the informant had gone on a motorcycle with the applicant. It was also alleged that the son of the informant was killed and body was kept on railway track and when the trail passed by, the body of the deceased came dilapidated for various places. It was also stated that the mobile of the informant was also stolen and threats were also issued. 4. In the light of the said allegation, the Counsel for the applicant draws my attention to the statement of the loco pilot, who was driving the train by which the accident was made. The loco pilot stated that on the date of incident, the deceased was lying on the railway track and despite best efforts, the accident could not be saved, the train ran over the deceased. The inquest report also suggests the injury on the body, which are attributable to a train accident. Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ajai Kumar Vishwakarma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
5. The Counsel for the informant argues that the applicant was last seen with the deceased and subsequently, blood stain was also found on his cloths when he reached home. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Irrespective of the fact, considering the statement of the loco pilot and the nature of the injuries in the inquest report, prima facie, a case under Section 103 of BNS appears to be absent and the fact that the applicant is in custody since 06.06.2025 and has a criminal history of one case, which was registered as NCR, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8.
Let the applicant Ajai Kumar Vishwakarma be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. October 10, 2025 akverma BAIL No. 9721 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench