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2025 DAILYLAW 189380 (ALL)

INDRESH AND ANOTHER v. STATE OF U.P.

BAIL/34664/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34664 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard Shri Sudhir Dixit, learned counsel for the applicants, and Shri Puneet Kumar Singh, learned AGA, representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicants Indresh and Vinod, seeking enlargement on bail in Case Crime No.533 of 2025, under Sections 191 (2), 191 (3), 190, 109 (1), 115 (2), 125 B.N.S. @ 7 Criminal Law Amendment Act, Police Station-Iglas, District-Aligarh. Learned counsel for the applicants argued that the accused-applicant are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 15.08.2025. Learned counsel for the applicants submit that a First Information Report was lodged by the first informant with the allegation that while the first informant was returning from Iglas after some work all the accused persons attacked upon the first informant and his son by Lathi Danda and bricks in which the son of the first informant sustained injuries over his head and thereafter all the accused persons started firing from country made pistols in which some persons sustained injuries by pellets. Learned counsel for the applicants submit that only general role has been assigned to the applicants of pelting stones. Learned counsel for the applicant submits that the real fact is that this is a case of sudden provocation. He further submits that for the same incident First Information report being Case Crime No. 534 of 2025 has been lodged for the side of the applicants. He further submits in the sudden scuffle both sides have haves sustained injuries. It is a cross case version. the applicants have no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Anupam Shyam Dwivedi, Smt. Richa Dixita, Sudhir Dixit Counsel for Opposite Party(s) : G.A. Indresh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed, but could not dispute the fact that applicants has no criminal antecedents and it is a cross case version. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Indresh and Vinod, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. October 15, 2025 Deepak/ BAIL No. 34664 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad