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2025 DAILYLAW 11215 (ALL)

DHARAMVEER v. STATE OF U.P.

BAIL/3116/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27561 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3116 of 2025 Applicant :- Dharamveer Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Certified copy of the F.I.R. has been filed by learned counsel for the applicant, today in the Court, which is taken on record. 2. Heard Shri Rahul Saxena, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Dharamveer, seeking enlargement on bail in Case Crime No. 200 of 2024, under Sections 323, 307, 504, 506 of the Indian Penal Code, Police Station Bhuta, District Bareilly. 4. Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 21.11.2024; F.I.R. has been lodged against two named and three unknown person including the applicant; as per statements of the injured, Dharamveer has opened fire upon the first informant but it was not hit to him and the said fire had touched the Jhabbu, from which he sustained injuries; general role of firing has been assigned to the applicant; nothing has been recovered from the possession or pointing out of the applicant; injuries received to the injured are simple in nature; he has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Dharamveer, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad