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2025 DAILYLAW 152564 (ALL)

GULSHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO

BAIL/6693/2025 · 2025-07-22

Karunesh Singh Pawar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41808 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6693 of 2025 Applicant :- Gulshan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Mukesh Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the applicant prays for and is permitted to correct the memo of bail application during course of the day. 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 and Section 4/25 Arms Act, 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 the applicant is not named in the First Information Report. No overt act has been assigned to him. His name has surfaced only in the confessional statement of the co-accused. The allegation against the applicant is limited to his presence as a pillion rider on a motorcycle, and no specific role of firing has been attributed to him. It is further submitted that the co-accused persons, namely Ranjeet Yadav and Kaptan Singh, have already been granted bail by this Court. Copies of the bail orders have been annexed as Annexure SA-1 and SA-2 to the supplementary affidavit. The applicant seeks parity, submitting that his case stands on a better footing than that of the co-accused. The applicant has also explained the criminal history of six cases in the supplementary affidavit. He is in jail since 30.03.2025. Learned A.G.A. has opposed the bail prayer. Considering the facts that the co-accused persons named above have been granted bail by this Court; the applicant is in jail since 30.03.2025; he has disclosed and explained his criminal history; and the limited role assigned to him; 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 Gulshan Singh 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 :- 22.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench