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2025 DAILYLAW 200556 (ALL)

VINOD @ LALU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/9820/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9820 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.72 of 2025, under Sections 191(2), 191(3), 109(1), 110, 115(2), 351(2), 103(2), 3(5) BNS, P.S. Sakran, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the informant is aged person and was on agricultural fields wherein the accused on account of past enmity started hitting the informant as well as his son. It was stated that all the accused were carrying lathi, danda and other weapons in their hands. It was stated that at the instance of accused no. 1, accused no. 2 hit the informant on his head with banka. Subsequently some residents of the village came and the accused started hitting them also. It was also stated that one of the co- accused fired however the same did not affect anyone. Allegations against accused no. 1, 3 and 5 were made with regard to hitting with lathi, danda etc. Subsequently the informant died. 4. In the light of the said allegations learned counsel for the informant draws my attention to the statement of the injured persons and eyewitness who had stated allegations with regard to the co accused however no specific allegation were made against the applicant of having caused injury which led to death of the informant. Versus Counsel for Applicant(s) : Atul Verma, Arvind Kumar Verma Counsel for Opposite Party(s) : G.A. Vinod @ Lalu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. In the light of the said statements the submission of learned counsel for the applicant is that apart from alleging that the applicant was present during with co accused no specific allegation of the applicant having caused the offence in question was levelled. 6. Learned AGA also could not point out any statement linking the applicant of having caused the offence which led to death or injury of person. 7. Learned AGA has opposed the bail application. 8. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 3.4.2025 having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Vinod @ Lalu be released on bail in aforesaid FIR 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. October 13, 2025 J. K. Dinkar BAIL No. 9820 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench