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2025 DAILYLAW 192187 (ALL)

RAISH v. STATE OF U.P.

BAIL/35474/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35474 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Mohd. Shoeb Khan, learned counsel for the applicant, Sri Anurag Pandey, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime no. 407 of 2025, under Sections 109, 3(5) of B.N.S., Police Station-Geeda, District Gorakhpur. 3. Contention of learned counsel for the applicant is that specific allegation of firing and hitting by the butt of Tamancha has been assigned to co- accused Mosin in the F.I.R. as well as in the statement of the injured. Applicant is not named in the F.I.R. No specific role has been assigned to the applicant. Applicant has been falsely implicated in this case being the friend of main accused Mosin. Charge-sheet has been filed in this case by the police, therefore no custodial interrogation required in this case. The applicant is a law abiding citizen and he is languishing in jail since 02.07.2025 having no previous criminal history. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any Versus Counsel for Applicant(s) : Mohd. Shoeb Khan Counsel for Opposite Party(s) : G.A. Raish .....Applicant(s) State of U.P. .....Opposite Party(s) opinion on the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant-Raish, involved in the aforementioned crime be released on bail, on his 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 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. ii. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 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 applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 Vibha Singh BAIL No. 35474 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad