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2025 DAILYLAW 2772 (ALL)

VIJAY KUMAR v. STATE OF U.P.

BAIL/45381/2025 · 2026-05-06

Rajiv Lochan Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45381 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.218 of 2025, under Sections 115(2), 351(2), 352, 118(1), 109(1) BNS, Police Station Roravar, District Aligarh. 3. Learned counsel for the applicant states that the applicant is said to have assaulted his wife and caused grievous injury on her neck after a dispute had taken place between the husband and wife while the husband is stated to be in inebriated state. The applicant is in jail since 27.07.2025. A chargesheet has also been submitted against the applicant. There is no likelihood of the trial concluding in the near future. The applicant has no criminal antecedents. 4. Learned AGA has opposed the prayer for bail, however, could not dispute the fact that the applicant has no criminal antecedents. 5. I have considered the submissions made by Learned counsels for the parties. 6. In the FIR, which has been lodged after one day of the occurrence, the applicant has been assigned the role of causing injuries on the neck of his wife and her sister Meena in an inebriated state. The injured Meena has Versus Counsel for Applicant(s) : Kashi Naresh Mishra Counsel for Opposite Party(s) : G.A. Vijay Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) not received any injury, which may be attributed to a sharp edged weapon that has been assigned to the applicant. The injured Usha has although received dangerous injury on her neck, however, there is only one injury and there are no repeated blows. The applicant is stated to be in an inebriated state and the fight between the husband and wife had erupted as the wife had objected to the drinking of the applicant. The applicant has no criminal antecedents and is in jail since 27.07.2025. 7. Taking into consideration the facts and circumstances of the case, as also the fact that the trial against the applicant is not likely to conclude in the near future, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant, Vijay Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. BAIL No. 45381 of 2025 2 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 7, 2026 A. Pandey BAIL No. 45381 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad