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2025 DAILYLAW 10824 (ALL)

DILEEP@ BANTA v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME U.P.(LUCKNOW)

BAIL/2161/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106715 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2161 of 2025 Applicant :- Dileep@ Banta Opposite Party :- State Of U.P. Through Principal Secretary Home U.P.(Lucknow) Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Learned A.G.A. has filed counter affidavit today. The same is taken on record. 2. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.297 of 2024 for offence under Sections 109(1) B.N.S. and Sections 3/25/27 of Arms Act, P.S. Shamshabad, District Agra. 3. Sri M. D. Shah, learned advocate appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the case of police firing where none of the police persons suffered injuries. The co-accused has already been granted bail. The arrest and recovery has been made in absence of independent witness. 4. Per contra, learned A.G.A. submits that there is a criminal history of two cases. The accused is habitual offender, who is having a criminal history of two cases. 5. This Court has taken into consideration the rival submission made by the parties. 6. The prima facie facts reveal from the record is that the accused applicant has been implicated in the present case in the police encounter case wherein none of the police persons suffered injuries. The co-accused has already been granted bail. The arrest and recovery has been made in absence of independent witness. The accused is in jail since December, 2024. There is no reported conviction. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 7.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad