KAPTAN SINGH @ BHUPENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6054/2025 · 2025-07-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148754 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37821 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6054 of 2025 Applicant :- Kaptan Singh @ Bhupendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 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 the applicant is not named in the FIR. Common role of causing single firearm injury on the forearm of the injured has been assigned to the applicant along with the co-accused Shani Singh. It is not clear who had caused the fatal injury on the injured. The co-accused Ranjeet Yadav, in whose confessional statement the name of the applicant surfaced, has been granted bail by this Court vide
order dated 2.7.2025 passed in Criminal Misc. Bail Application No. 5837 of 2025. It is further submitted that the applicant has explained criminal history of 20 cases in the bail application and he is languishing in jail since 1.4.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the period of incarceration gone into by the applicant, the bail order of the co-accused Ranjeet Yadav so also the fact that common role of causing injury has been
assigned to the applicant along with the co-accused Shani Singh; charge-sheet in the case has been filed and without expressing any opinion on the 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- Kaptan Singh @ Bhupendra Singh involved 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. Kaudiya, District Gonda, 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 in accordance with law. (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 of BNS.
Order Date :- 4.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench