SOORAJ @ GABBAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6359/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150424 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39504 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6359 of 2025 Applicant :- Sooraj @ Gabbar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Saurabh Upadhyay,Abhishek Awasthi 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 accused-applicant seeks bail in Case Crime No.132 of 2025 under Section 217, 229(1), 231 and 248 (b) BNS, Police Station Kotwali Tanda, District Ambedkar Nagar. In the prosecution case it is alleged that the applicant has himself caused self inflicted injury in his abdomen by a pistol.
Learned counsel for the applicant submits that co-accused persons, namely Vishal Verma, Lakshmi Narayan Verma, and Jitendra @ Kallu, have already been granted bail by the learned court below, and copies of their bail orders are collectively annexed as Annexure-4 to the bail application. It is further submitted that all the offences with which the applicant is charged are non-cognizable in nature, yet he has been arrested without a warrant. He submits that the injury sustained is on a vital part of the body, and the prosecution story is highly improbable, as there is no reason for the applicant to have shot himself in such a manner. The applicant has no criminal history. He is in jail since 07.05.2025. It is further submitted that the criminal history of four cases has been duly explained in paragraph 6 of the Supplementary Affidavit. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 7.5.2025; the offence is non-cognizable, co-accused persons, named above, have already been granted bail by the learned court below 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 Sooraj @ Gabbar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 229-A of the IPC (now Section 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 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 174-A of the IPC (now Section 209 BNS).
Order Date :- 10.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench