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2025 DAILYLAW 24930 (ALL)

CHHATRAPAL SINGH v. STATE OF U.P.

BAIL/7916/2025 · 2025-04-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58575 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7916 of 2025 Applicant :- Chhatrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan,Niraj Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed reoinder affidavit, which is taken on record. 2. Heard Sri M.P.S. Chauhan, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Chhatrapal Singh, seeking enlargement on bail in Case Crime No. 27 of 2025, under Sections 191 (2), 191 (3), 190, 121 (2), 132, 125, 324 (5), 326 (g), 61 (2), 109 (1) BNS and 3/4 Prevention of Damage to Public Property Act & 7 Criminal Law Amendment Act, Police Station Roravar, District Aligarh. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 29.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the incident took place on 28.01.2025 at 19:00 hours and its first information report was lodged on 29.01.2025 at 3:40 hours without giving any explanation for delay in lodging the FIR. The inured persons have been medically examined on 28.01.2025 and 31.01.2025 with the collusion of doctors the injuries caused by hard and blunt object KUO and advise for X-ray, but till date there is no supplementary report of any inured person has been prepared. In fact the applicant is a Ex-Village Pradhan and he has informed the police about the incident and the police of Roravar police station called him at police station to discuss with regard of the said incident and at the time of the said incident the applicant was present at police station and he is not concerned with the alleged incident but the police has falsely been implicated the applicant in the said incident due to ulterior motive in order to cause harm and harassment to the applicant. There is no specific role has been assigned to the applicant. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Chhatrapal Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 18.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad