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Neutral Citation No. - 2025:AHC:93924 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2665 of 2025 Applicant :- Sonu Chaduhary Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kesarwani,Surendra Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.14 of 2023 arising out of S.T. No.1059 of 2023, under Sections 307, 506, 504, 498-A, 34 I.P.C. and Section 4/25 Arms Act, Police Station- Attarsuiya, District-Prayagraj, with the prayer to enlarge him on bail. 3. As per prosecution version, on 16.02.2023, informant has lodged FIR at Police Station concerned with allegation that on 16.02.2023 at around 11:00 A.M., accused persons assaulted his daughter, namely, Nandini Chaudhary by heavy sharp edged weapon with intention to kill her, but she step back and weapon hit her chin. The injury was also caused by the accused person with sharp edged weapon on her both hands and legs. The weapon (chapad) used in the offence was recovered on the pointing out of the applicant. 4. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 02.03.2023. He next submitted that in injury report dated 16.03.2023 four inside wound have been shown and in the opinion of doctor, all the injuries are simple in nature. He next submitted that applicant is the husband of the injured. He next submitted that in fact nothing has been recovered from the pointing out of the applicant. There is no possibility of conclusion of trial in near future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not
misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for grant of bail to the applicant and submitted that head injury of the injured appears to be grievous as per C-T scan report. However, he admitted that in X-ray of other parts of the body no fracture was seen. 6.
Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as injury report, I am of the view that the applicant is entitled to be released on bail. 7. Let the applicant-Sonu Chaduhary, who is involved in aforementioned case 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) 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 under Section 229-A IPC. (iii) 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., may be issued and if 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, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in
accordance with law. 8.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad