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Neutral Citation No. - 2025:AHC:34891 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8367 of 2025 Applicant :- Vinod Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Dharm Singh Parmar, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 445 of 2024, under Sections 103(1), 109, 351(3), 3(5) BNS, Police Station- Maudaha, District- Hamirpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant was named in the FIR along with co-accused Lavkush but role of causing injury to the deceased has been assigned to co- accused Lavkush and there is no allegation that applicant also caused injury to the deceased. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 31.10.2024. 5. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one another case but he fairly conceded, that case relates to minor offence. He could not dispute other argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the fact that there is no allegation against the applicant that he caused any injury to the deceased and role of causing injury to the deceased has been assigned to co-accused Lavkush and criminal history of solitary case of the applicant relates to minor offence and he is in jail in the present matter since
31.10.2024, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Vinod Singh 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad