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2025 DAILYLAW 20804 (ALL)

HIMANSHU @ GOLU v. STATE OF U.P.

BAIL/5806/2025 · 2025-04-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63340 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5806 of 2025 Applicant :- Himanshu @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh,Jitendra Singh,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.2 of 2025, under Sections 121, 132, 309(6) B.N.S., Police Station - Bhojpur, District - Ghaziabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. The allegations made in the F.I.R. is false and baseless and without support of any evidence. It is further submitted that the injuries sustained by the injured is simple in nature. He has further submitted that after completion of investigation, the charge sheet has been filed on 30.01.2025 by the investigating officer and the court concerned has taken cognizance. It is also informed by learned counsel for the applicant that the other co-accused persons, Bholu @ Sonu and Kanak Chaudhary @ Golu have already been enlarged on bail vide orders dated 17.03.2025 by Co-ordinate Bench of this Court. The bail orders have been produced in Court during arguments. The applicant has no previous criminal history. Applicant is languishing in jail since 30.01.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have considered all the material available on record to adjudicate the offence as alleged in the F.I.R. It is not in dispute that the injury report is annexed in supplementary affidavit, the ground of parity has not been denied by the learned AGA appearing on behalf of the State, the charge sheet has been filed and cognizance has also been taken, applicant is languishing in jail for more than four months, no material available on record to connect the applicant with the present offence as well as co- accused persons, Bholu @ Sonu and Kanak Chaudhary @ Golu have already been enlarged on bail, it is also undertaken that the applicant shall abide by all the terms and conditions as imposed by this Court and the applicant shall co-operate in the trial and there is no chance of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Himanshu @ Golu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 23.4.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad