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2025 DAILYLAW 11619 (ALL)

VIJAY ANAND v. STATE OF U.P.

BAIL/2599/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107018 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2599 of 2025 Applicant :- Vijay Anand Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Manglam Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Manglam Pandey, learned advocate has filed the supplementary affidavit. 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.406 of 2024 for offence under Sections 109, 118(1), 352, 3(5) of B.N.S. and Section 4/25 Arms Act, P.S. Nawabad, District Jhansi. 3. Sri Manglam Pandey, learned advocate and Sri Amit Daga, learned advocate appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the case wherein the F.I.R. has been lodged against anonymous persons that the miscreant has hurled abuses to the son of informant and gave a knife blow on his abdomen, which caused grievous injury. 4. Learned counsel for the applicant has drawn the attention of this Court towards that the statement of P.W.-1 injured, which has been recorded during the trial, wherein the injured turned hostile and in dock identification, he has specifically refused the role of accused applicant in the present case. It is further submitted that during the investigation, the identification parade has not been carried out though the accused has been named in the charge sheet on the basis of CCTV footage. 5. Per contra, learned A.G.A. submits that there is a specific role assigned to the accused, who has been charge sheeted merely on the basis of CCTV footage. 6. This Court has taken into consideration the rival submission made by the parties. 7. The prima facie record reveals that the injured witness has specifically denied the involvement of accused in the incident during the dock identification.Considering that the accused applicant is in jail since August, 2024. The statement of injured witness has already been recorded. 8. Without touching the merit of the case, this bail application is allowed. 9. 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