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2025 DAILYLAW 134613 (ALL)

Chand v. State of U.P. through Secretary, Home Department Civil Secretariat, Lucknow

BAIL/3197/2025 · 2025-07-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41643 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3197 of 2025 Applicant :- Chand Opposite Party :- State Of U.P. Through Secretary, Home Department Civil Secretariat, Lucknow Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A.,Virendra Patel Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the incident is said to have taken place on 8.2.2025 between 1.00 to 2.00 hours when the applicant along with other accused persons are said to have attacked and inflicted injuries upon the informant, his friends and family members. 3.Learned counsel for the applicant submits that general role has been assigned against all the accused persons. While giving statement, the injured Mohammad Jaid has assigned specific role of firing upon the applicant. There is no firearm injury sustained by any of the injured. The applicant has no previous criminal history. The applicant is in jail since 8.2.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. The co-accused Shanu and Mohd. Ismail alias Tinku have been granted anticipatory bail vide orders dated 22.5.2025 and 12.5.2025 passed in Anticipatory Bail Nos.547 and 453 - both of 2025. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, the co-accused persons, named above have been granted protection, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Chand, involved in Case Crime No.0036 of 2025 under sections 192(2), 115(2), 352, 351(2), 109(1), 191(3), 190 BNS, 3/25 Arms Act, P.S. Saadatganj, district Lucknow 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 with the following conditions which are being imposed in the interest of justice:- (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 under Section 229-A I.P.C. (now 269 BNS) (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. (now 84 BNSS) 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, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 21.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench