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2025 DAILYLAW 26389 (ALL)

MAHENDRA AND ANOTHER v. STATE OF U.P.

BAIL/8553/2025 · 2025-05-08

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75773 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8553 of 2025 Applicant :- Mahendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Singh,Sanjay Singh,Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicants submits that F.I.R. was lodged against applicants and two other persons with the allegation that all the named accused assaulted the wife of informant with lathi-danda and stone, on account of which she several injuries. Learned counsel for the applicant further submits that general role has been assigned to all the accused and no specific role has been assigned to the applicants. The injured sustained injuries on her face and her three teeth were found broken. Though the injuries are grievous but are not dangerous to life. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 18.01.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, 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-Mahendra and Bhola, be enlarged on bail in Case Crime No. 196 of 2024, under Sections 115(2), 352, 351(2), 118(2) of B.N.S., Police Station- Audyogik Kshetea, District- Prayagraj, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicants 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 applicants in accordance with law. Order Date :- 9.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad