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Neutral Citation No. - 2025:AHC:30417 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47167 of 2024 Applicant :- Akshy Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Sri R. K. Mishra, learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.361 of 2024 under Sections 191(3), 109(1) BNS and Section 7 Criminal Law Amendment Act, Police Station Kotwali Dehat, District Sultanpur. In the prosecution case it is alleged that two groups of named persons were quarreling with each other and during quarrel they got excited and started firing on each other. It is also alleged that a bullet hit the leg of his brother namely Aman alias Sahil.
Learned counsel for the applicant submits that both the injuries have been sustained on the left leg of the injured. It is not on the vital part. No offence under Section 109(1) BNS is made out. Even otherwise the applicant has been assigned general role along with the other accused persons. He submits that in the medical examination report injuries have been found simple. In the x-ray report no fracture has been found. The applicant has no previous criminal history. He further seeks parity with the bail orders of co-accused Vishal, Shubham and Mukul who have been granted bail by this Court vide orders dated 17.10.2024, 23.10.2024 & 25.10.2024 passed in Criminal Misc. Bail Application Nos.36364 of 2024, 37542 of 2024 & 36535 of 2024. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that general role assigned to the accused
persons, nature of the injury sustained by the injured and the fact that injury is not on vital part so also the fact that the applicant is in jail since 25.10.2024, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Akshy, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law.
Order Date :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad