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2025 DAILYLAW 104487 (ALL)

AJAY ALIAS FADALI v. STATE OF U.P.

BAIL/35162/2025 · 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. - 35162 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Kuldeep Kumar Gupta, learned counsel for the applicant, Sri Roshan Kumar Singh, 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.239 of 2025, under Sections 109(1), 115(2), 352, 351(3) B.N.S., Police Station- Sajeti, District Kanpur Nagar. 3. Contention of learned counsel for the applicant is that in the FIR general allegation has been made against all the accused persons including the applicant. However, in the statement of injured Abhimanu @ Rohit Yadav he has made specific allegation against co-accused Jagat Pal for causing head injury and no role has been assigned to the applicant for causing injury. It is further submitted that the injured received only one head injury which caused serious doubt over the prosecution story regarding the involvement of applicant. It is further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 10.07.2025. 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 bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Ashish Kumar, Kuldeep Kumar Gupta Counsel for Opposite Party(s) : G.A. Ajay Alias Fadali .....Applicant(s) State of U.P. .....Opposite Party(s) 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 specific allegation for causing head injury has been made against co-accused Jagat Pal; no specific role has been assigned to the applicant; charge sheet has been filed 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- Ajay @ Fadali 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. 35162 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad