Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 103734 (ALL)

NITIN SINGH v. STATE OF U.P.

BAIL/35123/2025 · 2025-10-12

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35123 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 3. This application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.266 of 2025, under Sections 115(2), 352, 351(3), 109(1) BNS, Police Station- Govind Nagar , District Kanpur Nagar. 4. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations have been made against all the accused persons including the applicant and all the injuries are simple in nature. He further submitted that co-accused Sachin Singh and Saurabh having similar role to that of the applicant, have been enlarged on bail by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.32514 of 2025 vide order dated 06.10.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. He further submitted that the applicant has no criminal history and he is languishing in jail since 28.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the fact that similarly situated co-accused have been granted bail by a co- ordinate Bench of this Court. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account that the allegation made against three accused persons and all the injuries are simple in nature and similarly situated co-accused have been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd Gupta Counsel for Opposite Party(s) : G.A. Nitin Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Nitin Singh 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 13, 2025 A.Kr. BAIL No. 35123 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad