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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8568 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Supplementary and rejoinder affidavits filed by learned counsel for the applicant today in the Court, are taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The accused applicant is involved in Case Crime No.277 of 2024 under Sections 109, 352, 333 B.N.S., Police Station Binauli, District Baghpat. 4. Learned counsel for the applicant submits that the incident took place between the two brothers at the spur of the moment and it is not known as to who was the aggressor. Learned counsel further submits that as per F.I.R. version as well as statement of the informant, it is clear that the applicant has assaulted upon the injured with Balkatti, however there is no injury sustained by the injured with Balkatti, in this regard learned counsel has drawn attention of this Court to the injury report of the injured, copy of which is annexed as Annexure-2 to the affidavit accompanying the bail application. He further submits that the applicant also sustained injury, copy of injury report is annexed as Annexure-4 to the affidavit accompanying the bail application and learned counsel has drawn attention of this Court to brought by column and argued that the applicant was brought to the C.H.C. by PRW Bablu P.S. Binauri. Learned counsel further argued since the dispute took place between the two real brother and soon after the incident the parties have entered into compromise as such the F.I.R. from the side of applicant could not be lodged, inspite of the fact that the applicant also sustained injury. Learned counsel further argued that since the compromise could not be reduced in writing in the general diary entry as such the applicant has been falsely roped in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to Versus Counsel for Applicant(s) : Desh Ratan Chaudhary, Siddharth Chaudhary Counsel for Opposite Party(s) : G.A. Tejpal .....Applicant(s) State of U.P. .....Opposite Party(s)
the counsel, led to the false implication of the accused have also been mentioned.
It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since
03.01.2025. 4. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 5. 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. 6. Let the applicant Tajpal be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. September 11, 2025 S.Ali BAIL No. 8568 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad