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2025 DAILYLAW 22872 (ALL)

SUNIL ALIAS TIKARI ALIAS BHULLAR v. STATE OF U.P.

BAIL/6603/2025 · 2025-05-20

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85673 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6603 of 2025 Applicant :- Sunil Alias Tikari Alias Bhullar Opposite Party :- State of U.P. Counsel for Applicant :- Akal Raj Singh,Upendra Kumar Pushkar Counsel for Opposite Party :- Arun Kumar,G.A.,Sunil Kumar Tiwari Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named in the F.I.R. along with three named persons and some unknown persons. The allegation made in the F.IR. is that all the accused persons assaulted the informant's father and his friend with sharp edged weapon and lathi-danda on account of old enmity. The two injured persons sustained simple injuries except one which was fractured. Learned counsel further submits that one injured namely, Sudama in his statement has assigned the role of applicant for causing injury with knife. Thus, fracture injury was not caused by the applicant and general allegation has been made against the applicant and no specific allegation has been made against him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 22.01.2025, with no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that there is recovery of knife on the pointing out of the applicant, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Sunil Alias Tikari Alias Bhullar, be enlarged on bail in Case Crime No. 40 of 2025, under Sections 191(2), 109, 115(2), 117(2), 351(3), 352 of B.N.S. and Section 4/25of Arms Act, Police Station- Nebua Naurangia, District- Kushinagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad