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2025 DAILYLAW 148603 (ALL)

RANJEET YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5837/2025 · 2025-07-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37189 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5837 of 2025 Applicant :- Ranjeet Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mukesh Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.49 of 2025, under Sections 109(1), 191(2), 191(3), 61(2), 117(2), 312, 313 of BNS, P.S. Kauria, District Gonda. In the prosecution case it is alleged that some unknown persons on 28.03.2025 at about 07:45 pm while the complainant was going towards Punjab with the scrap in his truck on request of Rajaman he gave lift to an unknown person. After traveling to some distance that person said that his brother has come and he wanted to get down from the truck. The moment truck was slowed down, two persons came and made indiscriminate firing upon the truck due to which one bullet was shot in his right wrist. Learned counsel for the applicant submits that applicant is not named in the F.I.R. Applicant has not been given any role in the F.I.R. Name of the applicant has surfaced in the confessional statement of the co-accused. He submits that perusal of the injury report of the injured shows that injuries received are not on the vital part. Nothing has been recovered from the applicant. The co-accused Ashish Singh who was assigned the similar role has been granted anticipatory bail, the bail order is on record as Annexure No.3 to the bail application. Applicant has no criminal history. No case under Section 109 BNS is made out against the applicant. Applicant is in jail since 30.03.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 30.03.2025, bail order of co-accused Ashish Singh, period of incarceration gone into by the applicant and the fact that applicant has no criminal history, he was not named in the F.I.R. and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ranjeet Yadav be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 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 209 BNS. Order Date :- 2.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench