Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22213 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ashish Rai, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. for the State, Sri Deepak Singh, Advocate, holding brief of Sri Gaurav Singh Chauhan, learned counsel for the first informant and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 66 of 2025, under Sections 191(2), 191(3), 115(2), 117(2), 351(2), 118(2) of the BNS, Police Station- Dankaur, District Gautam Buddh Nagar.
3. Contention of learned counsel for the applicant is that general allegation has been made by the victim in her statement under Section 180 BNSS against all the accused persons. It is further submitted that co-accused Dharmpal and Jogendra Alias Lala have already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.23735 of 2025 vide order dated 02.09.2025 and Criminal Misc. Bail Application No.27273 of 2025 vide order dated 02.09.2025 respectively. Therefore, he is seeking parity of the orders aforesaid. The applicant has no criminal history and he is languishing in jail since 17.04.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. for the State and learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid Versus Counsel for Applicant(s) : Ashish Rai, Om Prakash Rai Counsel for Opposite Party(s) : G.A., Gaurav Singh Chauhan Nakul .....Applicant(s) State of U.P. .....Opposite Party(s)
facts.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and co-accused Dharmpal and Jogendra Alias Lala have already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.23735 of 2025 vide order dated 02.09.2025 and Criminal Misc. Bail Application No.27273 of 2025 vide order dated 02.09.2025 respectively 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.
6. Let the applicant- Nakul 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.
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 Imtiyaz BAIL No. 22213 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad