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2025 DAILYLAW 108335 (ALL)

KALA ALIAS IRSHAD AND 2 OTHERS v. STATE OF U.P.

BAIL/43768/2024 · 2025-01-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11878 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43768 of 2024 Applicant :- Kala Alias Irshad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed in the Court today is taken on record. 2. Heard Mohd. Shahibe Alam, learned counsel for the applicants, Sri Shashank Singh, learned counsel holding brief of learned A.G.A. for the State and perused the record. 3. This bail application has been filed on behalf of applicants- Kala Alias Irshad, Sonu and Munis in Case Crime No. 136 of 2024, under Sections 147, 323, 325, 307, 504 I.P.C., Police Station Doghat, District Baghpat with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. It is submitted that F.I.R lodged against four named persons including applicant no. 1 and 2, Kala Alias Irshad, Sonu. Applicant no. 3, Munis in not named in the F.I.R. General allegation have been assigned to all the accused persons. No specific role has been assigned to the applicants. Injured has sustained 8 injuries. All the injuries are simple in nature except injury no. 1, for which X-Ray is advised. As per the X-Ray report, no bony injury is seen on skull, but fracture found in left index finger. Nothing incriminating article has been recovered from the applicants. Criminal antecedents of the applicants have been explained in para 3 and 4 of the supplementary affidavit dated 20.01.2025. It is further submitted that applicants are languishing in jail since 08.10.2024. In case, applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Co-accused, namely, Farman and Buba, have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 08.07.2024 passed in Criminal Misc. Bail Application No. 25102 of 2024. Hence bail has been prayed for. 5. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but could not dispute the aforesaid aspect of the matter. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 7. Let the applicants- Kala Alias Irshad, Sonu and Munis involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions: (1). The applicants will not tamper with the prosecution evidence during the trial. (2). The applicants will not influence any witness. (3). The applicants will appear before the trial Court on the date fixed, unless personal presence is exempted. (4). The applicants 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 to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail. Order Date :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad