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2025 DAILYLAW 20474 (ALL)

SHIVA v. STATE OF U.P.

BAIL/5714/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5714 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vivek Mishra, Advocate holding brief of Sri Kanjaanan Pyare Singh, learned counsel for applicant, Sri Devesh Kumar Sharma, learned counsel for the informant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.575 of 2024, under Sections 109, 351(2), 3(5) B.N.S., Police Station- Loni Boarder, District-Ghaziabad with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant is stated to have assaulted the son of the informant by causing gun-shot injury to him on 03.10.2024 at about 07:30 PM. 5. Learned counsel for the applicant has stated that the FIR is delayed by about three hours and there is no explanation of the said delay caused. Injuries are not on vital part of the body of the injured person. Criminal history of three cases stands explained. The applicant is in jail since 18.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the FIR is prompt and applicant is the person who had caused the said grievous injury to the victim which could have proved fatal to his life which is on his vital part of the body, even the injury report corroborates the prosecution Versus Counsel for Applicant(s) : Kanjaanan Pyare Singh Counsel for Opposite Party(s) : Devesh Kumar Sharma, G.A. Shiva .....Applicant(s) State of U.P. .....Opposite Party(s) story, as such, he is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the fact that the FIR is promptly instituted and the situs of the injury sustained by the victim, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 12, 2025 Karan BAIL No. 5714 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad