Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24218 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Rejoinder affidavit filed by learned counsel for the applicant in Court today is taken on record. 2. Heard Sri Ronak Chaturvedi, learned counsel for the applicant, Sri Vijay Kumar, learned counsel for first informant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.74 of 2025, under Sections- 109, 118(1), 351(3), 352, 3 (5) of Bharatiya Nyaya Sanhita, 2023 (B.N.S.), Police Station- Nagina Dehat, District- Bijnor, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that general allegation has been made against all accused persons in the FIR, however, in the statement of injured, role of causing head injury by iron rod has been assigned to the present applicant but the injury report of the injured shows that the head injury has been caused by a sharp aged weapon. It is further submitted that all the injuries are simple in nature. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 22.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Learned counsel for the first informant does not oppose the prayer for bail on the ground that parties have settled their dispute amicably. 6. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Ronak Chaturvedi Counsel for Opposite Party(s) : G.A., Vijay Kumar Kapil Kumar Alias Khali .....Applicant(s) State of U.P. .....Opposite Party(s)
7. 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 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- Kapil Kumar Alias Khali, 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. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 16, 2025 R.S. Tiwari BAIL No. 24218 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad