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2025 DAILYLAW 192508 (ALL)

SANDEEP v. STATE OF U.P.

BAIL/35422/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35422 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Ms. Mandvi Tripathi, Advocate along with Sri Santosh Tripathi have filed their Vakalatnama on behalf of the informant, which is taken on record. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Hemant Kumar, learned counsel for the applicant, Ms. Mandvi Tripathi, learned counsel for the first informant and Sri Roshan Kumar Singh, learned A.G.A. for the State. 4. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.366 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3), 271, 352, 351(3) B.N.S., Police Station- Brahmpuri, District Meerut. 5. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations have been made against nine accused persons including the applicant though the injured Chandra Mohan @ Banti has received three injuries out of which two injuries are found to be grievous and other injured have received simple injury. No specific role has been assigned to the applicant to cause serious injuries to the injured Chandra Mohan @ Banti though allegations have been made against 9 persons and entire family members have been falsely implicated. He further submitted that the applicant has no criminal history and he is languishing in jail since 06.09.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. On the other hand, learned counsel for the first informant and learned Versus Counsel for Applicant(s) : Hemant Kumar, Piyush Pandey Counsel for Opposite Party(s) : G.A. Sandeep .....Applicant(s) State of U.P. .....Opposite Party(s) A.G.A. for the State vehemently opposed the prayer for bail and submitted that one of the injured Chandra Mohan @ Banti has received serious injuries which were found to be grievous in nature, therefore, the applicant is not entitled to be enlarged on bail. 7. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that allegations have been made against nine accused persons and only two injuries of injured Chandra Mohan found to be grievous in nature and other injured received simple injury; applicant has no criminal history 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 applicant is entitled to be enlarged on bail. 8. Let the applicant- Sandeep 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. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 A.Kr. BAIL No. 35422 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad