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Neutral Citation No. - 2025:AHC:30049 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6092 of 2025 Applicant :- Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh,Satish Sagar,Vivek Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 274 of 2024, under Sections 333, 109(1), 74, 115(2) B.N.S., Police Station Linepar, District Firozabad, during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is brother-in-law of the informant and has been falsely implicated in the instant case. The sister of the informant was married to co- accused Daya. Earlier the sister of the informant lodged a complaint against the applicant and other co-accused, registered as Complaint Case No.90 of 2022 (Smt. Preeti vs. Lakhan Singh and others), under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station-Soro, District Kasganj, pending in the court of Civil Judge (Junior Division)/J.M./F.T.C., Kasganj. In the said case the applicant was granted interim protection by this Court vide order dated 24.4.2023 passed in Criminal Misc. Application u/s 482 No.14400 of 2023 (Lakhan Singh and 5 others vs. State of U.P. and another). In order to further harass the applicant, the instant prosecution has been instituted against the applicant. No such incident had occurred. A matrimonial dispute has been given colour to a criminal case. In the alleged incident three persons received injuries. The injuries sustained by two persons were found simple in nature. Third injured Krishna received a fracture of left clavical bone. A vague and general role has been assigned to the applicant. Apart from Criminal Case No.90 of 2022 (Smt. Preeti vs. Lakhan Singh and others), the applicant has no criminal history. The applicant is in jail since 05.10.2024 and if he is
released on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that earlier the sister of the informant lodged a complaint against the applicant and other co- accused. A vague and general role has been assigned to the applicant. Moreover, the applicant has remained confined for almost five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Thakur, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad