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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2070 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Sixth supplementary affidavit has been filed by learned counsel for the applicant, today in the Court, which is taken on record. 2. Heard Sri Jitendra Kumar Shisodia, learned counsel for the applicant, Sri Desh Ratan Chaudhary, learned counsel for the first informant, Sri Rakesh Kumar Mishra, learned A.G.A. and perused the record. 3. This is the second bail application moved on behalf of applicant. The first bail application was rejected vide order dated 25.09.2024 passed by the co- ordinate Bench of this Court in Crl. Misc. Bail Application No. 23492 of
2024. 4. The present second bail application has been filed on behalf of applicant to enlarge him on bail in case crime no. 181 of 2024, under Sections 307, 504, 506 & 120-B I.P.C., Police Station-Majhola, District-Moradabad. 5. Contention of learned counsel for the applicant is that it is not disputed that there was no direct involvement of the applicant in the alleged incident. However, he was implicated only on the ground that he has conspired with co-accused Sumit and Sushil to intimidate the first informant, so that they would not pursue the Case Crime No. 598 of 2023, 302, 307 I.P.C. against him. He further submits that after rejection of his first bail application, the Versus Counsel for Applicant(s) : Arvind Giri, Ashok Kumar Upadhyay, Jitendra Kumar Shishodia, Shailendra Kumar Singh, Swati Pandey, Yasharth Upadhyay Counsel for Opposite Party(s) : Desh Ratan Chaudhary, Devendra Singh, G.A., Pravindra Singh, Siddharth Chaudhary Kamalveer .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant was released on bail in Case Crime No. 598 of 2023, under Sections 302, 307, 120-B I.P.C., Police Station- Majhola, District Moradabad. Subsequently, Gangster Act was also imposed upon the applicant, which was quashed by this Court. Till date, charge has not been framed in the present case and the applicant is in jail since 30.04.2024. The charge-sheet has been submitted in this case and no custodial interrogation is required. It is further submitted that applicant has explained the criminal history of six cases, two of them are connected with each other, (the offence under section 3/25 of Arms Act and section 302 I.P.C.). The applicant is a law abiding citizen and he is languishing in jail since 30.04.2024.
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 A.G.A. for the State opposed the prayer for bail and submitted that applicant is an accused in the case regarding murder of Anuj (brother in law of the first informant) and he also threatened the witnesses including the first informant for resisting them from appearing before the trial court, hence applicant is not entitled to be released on bail. 7. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and the criminal record, after rejection of the first bail application moved by the applicant, the applicant has been released on bail in the Case Crime No. 598 of 2023, under Sections 302, 307, 120-B I.P.C., Police Station- Majhola, District Moradabad as well as proceedings under Gangster Act and NSA has been quashed against the applicant and he is in jail for a considerable long time and charge-sheet has also been submitted in this case against the applicant, no custodial interrogation required in this case and the co-accused Sushil Kumar and Sumit Kumar have already been released on bail by this Court, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Kamalveer, 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 BAIL No. 2070 of 2025 2
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. v. The applicant will appear in the present case as well as in Case Crime No. 598 of 2023, under Sections 302, 307, 120-B I.P.C., Police Station- Majhola, District Moradabad on each and every date fixed by the trial court. 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 13, 2025 Vibha Singh BAIL No. 2070 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad