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2024 DAILYLAW 2579 (ALL)

NEERAJ ALIAS NEERU v. STATE OF U.P.

BAIL/43613/2024 · 2026-03-18

Rohit Ranjan Agarwal

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43613 of 2024 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is second bail application. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 3. The first bail application being Criminal Misc. Bail Application No. 4566 of 2024 was dismissed on 30.7.2024 and following order was passed; "List revised. No one is present on behalf of applicant to press the bail application. Sri Rajesh K.S.Chaudhary, Advocate is present for the informant. The bail application is dismissed for want of prosecution." 4. By means of the present bail application, applicant who is involved in Case Crime No. 148 of 2023 under Sections 307/506/34 IPC and 3/25/27 of Arms Act, Police Station- Gaunda, District- Aligarh seeks enlargement on bail, during the pendency of trial. 5. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case due to partibandi. It is next contended that the complainant alongwith three injured persons have already been examined in the matter and injury reports shows that the injury is not fatal and not on the vital part. It is lastly contended that the applicant is languishing in jail since 16.6.2023 and almost three years have elapsed and, as such, applicant is entitled to be released on bail and he will not misuse the liberty of bail. 6. Learned A.G.A. appearing for the State has vehemently opposed the bail Versus Counsel for Applicant(s) : Haya Rizvi, Ramesh Pundir, Rekha Pundir, Sunil Vashisth Counsel for Opposite Party(s) : G.A., Rajesh K.S. Chaudhary Neeraj Alias Neeru .....Applicant(s) State of U.P. .....Opposite Party(s) application by submitting that injury report reveals that the injury was caused by gun-shot which is on vital part of the body. 7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant- Neeraj @ Neeru, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. March 19, 2026 Shekhar BAIL No. 43613 of 2024 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad