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2025 DAILYLAW 24113 (ALL)

SONU BHANDARI v. STATE OF U.P.

BAIL/7228/2025 · 2025-08-07

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134693 Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7228 of 2025 Applicant :- Sonu Bhandari Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Sonu Bhandari for the offence punishable under Sections 109, 115(2), 352, 351(2) of B.N.S. in Case Crime No.293 of 2024, Police Station- Daurala, District Meerut. 2. Sri Mohd. Arshad, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the case by the wife of injured with an allegation that the accused applicant and her husband were sleeping together under a tin shed, being a construction labourers. In mid night, the accused has hurt with iron rod on the head of the injured, due to which, the injured suffered grievous injuries. The F.I.R. has been registered on 09.10.2024. There is no statement of injured recorded by the Investigating Officer during the investigation. One case of criminal history has been explained in paragraph no.17 of the bail application, wherein the accused applicant is on bail. The charge sheet has been submitted. The accused is in jail since October, 2024. The injury reported is grievous in nature, which is not fatal to life. The injured was under the influence of liquor fell on ground and suffered injury. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned A.G.A. has opposed the bail application and submits that the applicant injured has suffered grievous injuries, therefore, his statement cannot be recorded. The charge sheet has been submitted. The accused is habitual offender. He is having a criminal history of same nature. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the F.I.R. has been registered by wife of informant on 09.10.2024 for the incident occurred in the mid night of 08.10.2024. The accused is in jail since 10.10.2024. The trial is not concluded so far. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 8.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad