Nitin vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Nitin vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed. Applicant Nitin to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) shall not tamper with prosecution evidence; (ii) shall not pressurize prosecution witnesses; (iii) shall appear on each and every date fixed by the trial Court.

Issue for consideration

Whether the applicant Nitin is entitled to be released on bail in Case Crime No.060 of 2025 under Sections 191(2), 118(1), 109, 3(5) BNS, P.S.- Dahi, District - Unnao.

Court's answer

Similar roles were assigned to all the accused persons; the role assigned to the applicant is not different from that assigned to the two co-accused persons who have been granted bail, and the learned AGA could not dispute this fact.

Ratio / Principle

On the ground of parity with the two co-accused who have been granted bail, the applicant is also entitled to be released on bail in Case Crime No.060 of 2025.

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. 5311 of 2025 (Allahabad High Court, Lucknow Bench, Court No. 13) — ALLOWED (Order dated 5.8.2025, Subhash Vidyarthi, J.). Applicant Nitin, accused in Case Crime No.060 of 2025 under Sections 191(2), 118(1), 109, 3(5) BNS, P.S.- Dahi, District - Unnao (FIR lodged 15.03.2025 against six named persons and two unknown persons for assault on the informant's brother), granted bail on the ground of parity: the injury report recorded five incised wounds but the injuries were not grievous in nature; co-accused Neeraj and Vimal @ Chuha had already been granted bail by Co-ordinate Benches (orders dated 23.06.2025 and 21.07.2025 in Crl. Misc. Bail Application Nos.5408 of 2025 and 3514 of 2025); the learned AGA could not dispute that similar roles were assigned to all accused and the applicant's role was not different. Release ordered on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on each and every trial date. Supplementary affidavit disclosed a prior case (Case Crime No.420 of 2022, u/S 3/25 Arms Act) in which the applicant had been granted bail.

Neutral Citation No. - 2025:AHC-LKO:45551

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5311 of 2025

Applicant :- Nitin

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Srivastava,Anjali Yadav,Pawan Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Santosh Srivastava, learned counsel for the applicant, Shri Hans Raj Verma, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.060 of 2025 under Sections 191(2), 118(1), 109, 3(5) BNS, P.S.- Dahi, District - Unnao.

The aforesaid case has been registered on the basis of an F.I.R. lodged on15.03.2025 against six named persons, including the applicant and two unknown persons, stating that all the accused persons had assaulted the informant's brother causing grievous injuries to him.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

The injury report of the victim mentions five incised wounds suffered by him. However, the injuries suffered were not grievous in nature.

A supplementary affidavit filed on behalf of the applicant disclosing his involvement in another criminal case bearing Case Crime No.420 of 2022 u/S 3/25 of Arms Act, P.S.- Dahi, District- Unnao, in which he has been granted bail.

The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of

charge-sheet.

Two co-accused persons Neeraj and Vimal @ Chuha have been granted bail in the present case by means of orders dated 23.06.2025 and 21.07.2025 passed by Co-ordinate Benches of this Court in Crl. Misc. Bail Application Nos.5408 of 2025 and 3514 of 2025 respectively.

Although the learned AGA has opposed the bail application, he could not dispute the fact that similar roles have been assigned to all the accused persons and the role assigned to the applicant is not different from that assigned to the two coaccused persons who have been granted bail.

In view of the aforesaid facts, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case on the ground of parity.

Accordingly, this bail application stands allowed .

Let the applicant - Nitin be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.

[Subhash Vidyarthi, J.]

Order Date :- 5.8.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench