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2025 DAILYLAW 201169 (ALL)

SAMSHAD v. STATE OF U.P.

BAIL/35814/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35814 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Brij Raj Singh, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State 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. 297 of 2025, under Sections 109, 191(2), 115(2), 351(3), 352 B.N.S., Police Station- Ganjdundwara, District Kasganj. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR even the injured in his statement has specifically stated that he does not know any person and allegation was made against only one person who hit on the head of the injured with a bracelet. He further submitted that subsequently on the basis of Video of the incident, the applicant has been falsely implicated though there is no specific allegation indicating involvement of the applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. Thus, 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 Versus Counsel for Applicant(s) : Brij Raj Singh Counsel for Opposite Party(s) : G.A. Samshad .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Samshad 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. 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. 9. 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. October 15, 2025 A.Kr. BAIL No. 35814 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad