Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31084 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7581 of 2025 Applicant :- Gulshan @ Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Lal Prabhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 160 of 2024, under Sections 118(2), 117(2), 333, 115(2), 352, 351(3) BNS, Police Station Hajrat Nagar Garhi, District Sambhal during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four accused persons including the applicant are alleged to have assaulted Kapil, Surendra and Vimlesh. As per the medical report, the injuries received by injured Surendra were found simple in nature. The injured Kapil received three injuries. The injury on his nasal bone was found grievous in nature. The injured Vimlesh was not examined by the doctor. It is contended that author of the injury caused on the nasal bone of injured Kapil is not known. A vague and general role of assault has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injury on the nasal bone of injured Kapil. The applicant is in jail since 29.01.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role of assault has been assigned to the applicant. Author of the injury caused on the nasal bone of injured Kapil is not known. The applicant has no criminal antecedents.
The applicant has remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has
been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting 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 Gulshan @ Subhash, involved in the aforesaid case 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 5.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad