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2025 DAILYLAW 58834 (ALL)

KAPIL YADAV v. STATE OF U.P.

BAIL/17337/2025 · 2025-09-09

Siddharth

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Reserved on 21.08.2025 Delivered on 10.09.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17337 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. Heard Sri Rajrshi Gupta, learned counsel for the applicant; Sri Sharique Ahmed, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Kapil Yadav, with a prayer to release him on bail in Case Crime No.371 of 2024, under Sections 191(2), 191(3), 190, 352, 117(2), 118(1), 131, 109, 351(3) B.N.S, Police Station Sen Pashim Para, District Kanpur Nagar. There are allegations in the first information report that on 22.11.2024 at 5.00 p.m. the informant was sitting in his varandha outside his house when the applicant and six named and some unknown accused armed with axe, knife etc., came to his house attacked him and his family members including his son, Vinod Kumar, Mukesh and daughter-in- law,Sanju Devi wife of Rajkumar and my wife, Ram Dei by sharp edge weapon. Learned counsel for the applicant submits that it is a case of false implication. He is in jail since 04.01.2025 and because of petty dispute of throwing of cow dung the dispute took place between the parties. Versus Counsel for Applicant(s) : Rajrshi Gupta, Rizwan Ahamad, Shashank Dwivedi Counsel for Opposite Party(s) : G.A., Sharique Ahmed Kapil Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) Learned counsel for the informant has pointed out that the injured in their statements have assigned specific role to the applicant of causing injury to the informant on his head by axe with the help of his brother, Punni Lal, who attacked him by knife. Injured Ram Dei stated that it was Amit, who caused injury to Mukesh on his head but in her same statement she has stated that because of noise she could not see who has caused injuries to Mukesh. Learned counsel for the informant has further submitted that applicant and the co-accused are known in the locality of their highhandedness. Even the investigation officer of the police is colluding with them and not making proper investigation. Number of changes were made in the case diary to help the accused persons Learned AGA for the State-respondents has vehemently opposed the submissions made by learned counsel for the applicant. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail. The bail application is accordingly rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C/ 346 B.N.S.S. September 10, 2025 SS BAIL No. 17337 of 2025 2 (Siddharth,J.) Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad