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2025 DAILYLAW 14255 (ALL)

GURUVACHAN v. STATE OF U.P.

BAIL/3535/2025 · 2025-05-20

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86098 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3535 of 2025 Applicant :- Guruvachan Opposite Party :- State of U.P. Counsel for Applicant :- Javed Habib,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking regular bail in Case Crime No. 692 of 2024 under sections 191(2), 191(3), 190, 109, 115(2), 118(1), 309 (6), 352, 351(2), 308 (2), 117(2), 317(3) BNS, Police Station - Subhashnagar, District – Bareilly during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. The applicant is in jail since 07.12.2024 i.e. more than 5 months. Injury sustained by the injured person is not said to be danger to life, recovery shown by police is disputed by the counsel for the applicant. It is submitted that one of criminal history of the applicant has been explained in paragraph no. 3 of the supplementary affidavit. 3. It is further submitted that investigation has been completed and charge sheet has been filed on 18.4.2025. As per injury report, he submitted that injury sustained by the injured person are not grievous in nature except injury no. 1 and 3. 4. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 5. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but could not dispute the aforesaid submissions as argued by the learned counsel for the applicant. 6. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA for the State and perused the material available on record. 7. I have gone through the contents made in the application as well as the documents appended with the application and material on record. It is admitted fact that the applicant is languishing in jail since 7.12.2024, charge sheet has been filed, criminal history of one case has been explained in paragraph no. 3 of the supplementary affidavit, injury sustained by the injured person is not said to be danger to life, recovery shown by the police is disputed by the counsel for the applicant as there is no eye witness of the said recovery memo and there is no chance of early conclusion of the trial. 8.Taking into consideration all the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Guruvachan, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) 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./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad