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Neutral Citation No. - 2025:AHC:64709 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8635 of 2025 Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.303 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 117(2), 118(1), 352, 351(2), 333, 3(5) of B.N.S., Police Station - Sheeshgarh, District - Bareilly. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is also submitted that both the parties are involved in the alleged incident and applicant side also received the injuries, but their first information report has not been registered. It is further submitted that total 13 persons were named in the first information report and six persons have received injuries. There are injury reports which is appended as Annexure - 2 to the paper book. The injuries sustained by Rupendra have been caused by knife behind the neck and on chick but the injuries are not threat to life and the other five persons had got injuries, are simple in nature. Vijay Pal had got fracture injuries on the hand and other four had got the injuries, are also simple in nature. It is further submitted that the present applicant has been assigned the general role. No specific role has been assigned to the present applicant and causing knife injuries have been assigned to co-accused, Rajesh. It is also submitted that there are no previous criminal history against the applicant. He has further submitted that no recovery has been made from possession of applicant or on pointing out of the applicant. He has also submitted that after completion of investigation, charge sheet has been filed on 24.01.2025 by the investigating officer and the court concerned has taken cognizance on 29.01.2025. It is further submitted that two co-accused persons, Rajpal and Satyaveer have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 18.03.2025 and 05.04.2025. Applicant is languishing in jail since 02.11.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime.
It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed on 24.01.2025 and the court concerned has taken cognizance on 29.01.2025; there is no previous criminal history against the applicant; other co-accused persons have already been enlarged on bail; no specific role has been assigned to the applicant for causing injuries; all the injuries sustained by the injured, are simple in nature; applicant is languishing in jail about five months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Rajeev, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 28.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad