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2025 DAILYLAW 14539 (ALL)

SHYAM KUMAR v. STATE OF U.P.

BAIL/3644/2025 · 2025-05-14

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80472 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3644 of 2025 Applicant :- Shyam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 280 of 2024, under Sections 191 (2), 109 (1), 115 (2), 352, 333 of B.N.S., Police Station Bariyarpur, District Deoria. 2. Learned counsel appearing on behalf of applicant submitted that applicant is 18 years old boy and he has no previous criminal history. Learned counsel further submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. Learned counsel further submitted that as per prosecution story general role has been assigned to all the accused persons. No specific role has been assigned to any of the accused persons for causing head injury to injured Anand Kumar. All other injuries sustained by other injured persons are simple in nature. Applicant is languishing in jail since 25.11.2024 i.e. more than six months. Learned counsel further submitted that investigation is still going on. There are very dim chance of completion of trial in near future. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application by contending that injured Anand and Dhurendra have sustained grievous injuries but he has not contradicted that the other injuries sustained by the injured persons are simple in nature. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is a man of clean antecedents. He is languishing in jail for more than six months. The injuries sustained by Anand and Dhurendra were grievous in nature but not threat to life. The other injuries sustained by the injured persons were simple in nature. Investigation is still going on, therefore, there are very dim chance of conclusion of trial in near future. No material brought on record by the learned A.G.A. that if the applicant is released on bail he will misuse the condition of bail and may influence the investigation. 6. Taking into consideration all the reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Shyam Kumar who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad