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2025 DAILYLAW 13287 (ALL)

BANNU AND ANOTHER v. STATE OF U.P.

BAIL/3248/2025 · 2025-03-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32887 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3248 of 2025 Applicant :- Bannu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicants, Bannu and Raju, seeking enlargement on bail in Case Crime No. 230 of 2022, under Sections 323, 324, 325, 504, 308 of the Indian Penal Code, Police Station- Gunnaur, District- Sambhal. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 19.12.2024. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicants submits that applicants are named in the FIR, but no specific role have been assigned to them. No incriminating article has been recovered from the possession of the applicants. The applicants are aged about 70 years and they have also sustained injury. The Investigating Officer has also submitted the charge- sheet against the applicants. co-accused namely Bannu and Raju have already been granted bail vide order dated 29.11.2024 passed by this Court in Crl. Misc. Bail Application No. 42973 of 2024. No useful purpose would be served by detaining the applicants. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. Considering all above 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Bannu and Raju, involved in above mentioned case crime number be released on bail, on their 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: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 8. 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 :- 6.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad