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2025 DAILYLAW 196623 (ALL)

GIRVAR DAYAL @ NAGA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/9362/2025 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9362 of 2025 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant-Girvar Daya alias Naga has filed this application under Section 483 B.N.S.S. for grant of regular bail, during the pendency of trial in Case Crime No.85/2025, under Sections 303(2), 317(2), 318(4), 338, 336(3), 340(2) B.N.S. Police Station Kauria, District Gonda. The applicant is in custody in this case since his arrest on 14.05.2025. Learned counsel for the applicant has argued that as per allegations in the F.I.R. the motor cycle of the complainant was stolen on 27.04.2025 and the accused has not been named in the F.I.R., and later on the applicant has been implicated falsely. He submits that the investigation in the case is complete and prays for regular bail. While opposing the bail, learned State Counsel has argued that the applicant is involved in two more cases of similar nature, and the two wheeler bearing No. U.P. 43-V 1528 belonging to the complainant was recovered from the applicant on 13.05.2025. He prays for dismissal of the application. Upon considering the submissions of the learned counsel for the parties, particularly the nature of the offence, which is triable by Magistrate, coupled with the fact that the investigation in the case is also complete as charge-sheet against the applicant stands filed, his further detention behind the bars would not serve any useful purpose because the trial is not likely to conclude in near future. Versus Counsel for Applicant(s) : Om Prakash Tiwari, Mohd. Nafeesh Quraishi Counsel for Opposite Party(s) : G.A. Girvar Dayal @ Naga .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Resultantly, without meaning any expression of opinion on the merits of the case, the bail application is allowed and it is ordered that the applicant–Girvar Dayal @ Naga be released on regular bail in the above case crime subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. October 6, 2025 Arvind BAIL No. 9362 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench