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2025 DAILYLAW 103570 (ALL)

CHHIDDAN v. STATE OF U.P.

BAIL/35002/2025 · 2025-10-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35002 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Mohd. Nasir, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. and Sri Shailendra Singh, 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. 56 of 2025 under section 115(2), 352, 351(3), 109(1) B.N.S., police Station - Kailadevi, district - Sambhal. 3. Contention of learned counsel for the applicant is that because of a sudden brawl over a dispute among children, the incident in question occurred and general allegation has been made against all the accused persons including the applicant. It is further submitted that co-accused, Yameen and Taufique, having similar role, have already been granted bail by the coordinate Bench of this Court in Bail Application Nos. 22417 of 2025 and 22593 of 2025, respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is a law abiding citizen and he is languishing in jail since 22.8.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. 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 the State opposed the prayer for bail, but they could not dispute the applicant's parity with the co-accused. They have supplied CT scan report of Versus Counsel for Applicant(s) : Mohd Nasir Counsel for Opposite Party(s) : G.A. Chhiddan .....Applicant(s) State of U.P. .....Opposite Party(s) the injured, showing fracture in occipital region. 5. Thus, considering the entire facts and circumstances of the case and taking into account that general allegation has been made against all the accused persons and two of them, namely, Yameen and Taufique have already been enlarged on bail by the coordinate bench of this Court, this Court is of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Chhiddan, 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 10, 2025 Vandana BAIL No. 35002 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad