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2025 DAILYLAW 17402 (ALL)

MUKESH AND 2 OTHERS v. STATE OF U.P.

BAIL/5655/2025 · 2025-07-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114217 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5655 of 2025 Applicant :- Mukesh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Singh,Shailendra Singh Counsel for Opposite Party :- G.A.,Umair Mahmood,Vivek Pandey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mahendra Singh, Advocate, holding brief of Sri Shailendra Singh, learned counsel for the applicants, Sri Vivek Pandey, learned counsel for the informant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 98 of 2024, under Sections 323, 324, 504, 506, 308 I.P.C., Police Station- Gunnaur, District- Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that applicants are innocent and they have been falsely implicated in the instant case. It is further submitted that for the same incident, cross F.I.R. has been lodged and both the sides have suffered injuries. It is further submitted that all the offences are punishable are upto 7 years. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicants have explained their criminal history of two cases in the supplementary affidavit. They are languishing in jail since 13.01.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Mukesh, Umesh and Mukesh involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicants 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. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad