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2025 DAILYLAW 23039 (ALL)

SAURABH v. STATE OF U.P.

BAIL/7189/2025 · 2025-04-07

Mohd Azhar Husain Idrisi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50903 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7189 of 2025 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. This bail application has been moved on behalf of accused- Saurabh, who is involved in Case Crime No. 225 of 2025, under Sections 109, 317(2), 317(5) of B.N.S. and Section 3/25/27 of Arms Act, Police Station Khekada, District Baghpat. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. It is a case of firing on the police party. No police personnel has received any injury. In fact the applicant and co-accused Manoj have received injuries on their right legs. False recovery of a country made pistol of 315 bore, a live cartridge and Rs. 500/- has been been shown from the applicant. There is no independent witness to the recovery. The criminal history of the applicant has been explained in para 7 of the affidavit. It is pointed out that co-accused Manoj and Waseem have already been granted bail by the co-ordinate Bench of this Court vide orders dated 22.10.2024 & 24.10.2024 respectively. The applicant is in jail since 24.07.2024 and in case he is enlarged on bail, he will not misuse the said liberty. Therefore, the applicant may be released on bail during pendency of trial. 4. Learned A.G.A. appearing for the State opposed the prayer for bail but not disputed the aforesaid facts. 5. Considering rival submissions of the parties, nature and gravity of offence and all other facts and attending circumstances of the case, without expressing any opinion on merits of case, in view of this Court, a case for grant of bail to the applicant is made out. 6. The bail application is, accordingly, allowed. 7. Let the applicant-Saurabh involved in aforesaid 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 that :- i). The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. ii). The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law. Order Date :- 8.4.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad