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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33934 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Rajeev Kr. Singh Parmar, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. and perused the record. 3. The instant application has been filed to enlarge the applicant on bail in Session Trial No. 100A/2014, case crime No. 675 of 2013, under Sections 307/34, 504 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad. 4. Contention of learned counsel for the applicant is that though the applicant was named in the F.I.R., during investigation his implication was found to be false, therefore, the charge sheet was not filed against him and it was filed against co-accused Manoj. It is further submitted that the injured Rambabu assigned general role to the applicant as well as the co-accused for causing fire arm injury and on the basis of that statement, the applicant was summoned under Section 319 Cr.P.C. It is further submitted that trial of the co-accused Manoj was concluded and he was acquitted by the judgement dated 29.6.2019. It is submitted that once on the same set of allegations co- accused has been acquitted by the court below, then the implication of the applicant is absolutely false. The applicant has explained his criminal history in which he has been acquitted. A copy of the acquittal order has been annexed at page No. 6 of the supplementary affidavit. Applicant is languishing in jail since 7.7.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Rajeev Kumar Singh Parmar Counsel for Opposite Party(s) : G.A. Tinku @ Amit Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case, the co- accused on same set of allegation has already been acquitted by the trial court by order dated 29.6.2019, without expressing any opinion on the merits of the case, the Court is of the opinion that the applicant is entitled to be enlarged on bail. 7.
Let the applicant- Tinku @ Amit Chauhan, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. 33934 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad