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2025 DAILYLAW 104381 (ALL)

RAJU KUMAR BIND v. STATE OF U.P.

BAIL/35216/2025 · 2025-10-12

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35216 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Hari Bans Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 142 of 2025, under Sections 109, 189(2), 352, 125kha B.N.S., Police Station- Chakiya, District Chandauli. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR and allegation made in the FIR is that 4-5 persons sitting in the vehicle number mentioned in the FIR have beaten the applicant with brick which caused injury and subsequently on the basis of second statement of victim wherein he has stated that he has overheard the name of the applicant and co-accused Kishan Kumar. He further submitted that identical situated co-accused Kishan Kumar has already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 32551 of 2025 vide order dated 22.09.2025. Therefore, the applicant is entitled to be released on bail on the basis of parity. He further contended that the applicant has no criminal history and he is languishing in jail since 24.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for Versus Counsel for Applicant(s) : Hari Bans Singh Counsel for Opposite Party(s) : G.A. Raju Kumar Bind .....Applicant(s) State of U.P. .....Opposite Party(s) bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the co-accused Kishan Kumar having similar role to that of the applicant has already been released 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 applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Raju Kumar Bind 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 13, 2025 A.Kr. BAIL No. 35216 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad