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2025 DAILYLAW 102283 (ALL)

SIMANT v. STATE OF U.P.

BAIL/33943/2025 · 2025-10-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33943 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant; Sri D.P.S. Chauhan, learned A.G.A. for the State and Sri Lokesh Kumar Pundir, learned counsel for the first informant who has filed vakalatnama today and the same is taken on record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 95 of 2025, under Sections 191(2), 115(2), 352, 351(2), 109 B.N.S., P.S. Thana Bhawan, District Shamli. 3. Contention of learned counsel for the applicant is that in the F.I.R. general allegation has been made against the applicant and co-accused for beating the injured Paramveer and no specific role has been assigned to any of the accused. It is clear from the F.I.R. as well as statement of the injured that there was a sudden brawl over jam on the road caused by the accused persons while the victim was going by his car. It is further submitted that co- accused Shiv Kumar, having similar role has already been enlarged on bail by the coordinate Bench of this Court in Bail Application No. 30983 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Shiv Kumar. It is further submitted that the applicant has no criminal history. After completing the investigation, charge sheet has been filed on 31.7.2025 and applicant is languishing in jail since 11.6.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. for Versus Counsel for Applicant(s) : Syed Shahnawaz Shah Counsel for Opposite Party(s) : Lokesh Kumar, G.A. Simant .....Applicant(s) State of U.P. .....Opposite Party(s) the State vehemently opposed the prayer for bail and submitted that the applicant along with the co-accused mercilessly beat the injured Paramveer. Therefore, no case for bail is made out. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence and without expressing any opinion on the merits of the case, taking into account that the co-accused Shiv Kumar, having similar role, has already been released on bail, the Court is of the view that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Simant, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Vandana BAIL No. 33943 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad