Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 2825 (ALL)

MINTU ALIAS SHIVA v. STATE OF U.P.

BAIL/43916/2025 · 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. - 43916 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.318 of 2025, under Sections 115(2), 351(2), 118(1), 118(2) B.N.S. 2023, Police Station- Sasni Gate, District- Aligarh. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the First Information Report itself, the applicant was a friend of the injured and is said to have assaulted the injured using a sharp edged weapon due to some previous dispute. The First Information Report has been lodged after four days of the occurrence. In the statement of Doctor Tejas Vashishth, who had examined the injured, it has been mentioned that the injured was in an intoxicated state. The Learned counsel for the applicant further contends that the applicant who is in jail since 9.9.2025 has no criminal antecedents. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and has contended that the applicant is the solitary accused in the present case. Specific role of causing injury on the right hand of the injured has been given to the applicant. In the statement of the Doctor, it has come that right hand of the injured has been rendered useless due to the assault which led to severe damage to the muscles and the arteries of Versus Counsel for Applicant(s) : Akhilesh, Manoj Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mintu Alias Shiva .....Applicant(s) State of U.P. .....Opposite Party(s) the right hand. The Learned A.G.A., however, could not dispute the fact that the applicant has no criminal antecedents. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record. 6. The First Information Report has been lodged with a delay of four days. In the First Information Report, it has been mentioned that the accused is also an addict. The injured when he was being examined by the Doctor, was also found to be inebriated. There is a single injury and there are no repeated blows. The applicant is in jail since 9.9.2025 having no criminal antecedents. 7. Taking into account the entire facts and circumstances of the case, period of detention of the applicant, the nature of allegations and the material collected during investigation, prima facie, a case for grant of bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant- Mintu Alias Shiva, 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 below will be at liberty to proceed to cancel his bail. BAIL No. 43916 of 2025 2 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. 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. May 7, 2026 Sachin BAIL No. 43916 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad