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2025 DAILYLAW 200729 (ALL)

KAPIL v. STATE OF U.P.

BAIL/33032/2025 · 2025-10-14

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33032 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, Sri Suresh Kumar, learned counsel for the first informant and Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.183 of 2024, under Sections 115(2), 352, 351(2), 118(1), 109, 117(2) B.N.S., Police Station- Paschim Sharira, District Kaushambi. 3. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. He further submitted that in the FIR, allegation against the applicant is to attack the injured with Axe but there is no injury of sharp edged weapon. He further added that applicant has no criminal history and he is languishing in jail since 24.09.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that three is specific allegation against the applicant for causing injury to the injured with axe and injured has received serious injury of fracture of jaw (Jabara), therefore, he is not entitled to be released on bail. It is further submitted that co-accused Yugraj @ Jugraj, who was assigned role to help to the applicant has been rejected by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.3999 of 2025 Versus Counsel for Applicant(s) :. Counsel for Opposite Party(s) :. Kapil .....Applicant(s) State of U.P. .....Opposite Party(s) vide order dated 25.04.2025 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that specific role has been assigned to the applicant for causing injury to the injured which was duly substantiated by injury report and the applicant is main accused of the case and bail of co-accused Yugraj @ Jugraj has been rejected by a co-ordinate Bench of this Court, therefore, this Court does not find any ground to grant bail to the applicant at this stage. 6. Accordingly, the present applicant is dismissed. October 15, 2025 A.Kr. BAIL No. 33032 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad