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2025 DAILYLAW 128799 (ALL)

VEERPAL v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/2285/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16145 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2285 of 2025 Applicant :- Veerpal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arjun Singh Somvanshi, learned counsel for the applicant, Sri Satyendra Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 726 of 2021, under Sections 307, 302 I.P.C., registered at Police Station Sandi, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against the applicant, one Sunil and an unknown person stating that all the three accused persons fired shots with pistols on the informant and his brother due to which the informant's brother died and the informant also received injuries. 4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 9 other cases has been disclosed in the affidavit filed in support of the bail application, in 5 of which the applicant has been granted bail and in 4 cases he has been implicated after his arrest in the present case. It has also been submitted on behalf of the applicant that both the co-accused persons Sunil and Neeraj have already been enlarged on bail by this court by means of orders dated 17.03.2023 and 19.3.2024, passed by co- ordinate benches of this court in Criminal Misc. Bail Application Nos.11794 of 2022 and 3154 of 2024 respectively. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute that allegation of firing has been levelled against all the accused persons, therefore, the case set up against the applicant is at par with that the case set up against the co-accused persons. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicant is languishing in jail since 31.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Veerpal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 20.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench