Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68925 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10088 of 2025 Applicant :- Nishu Basuta Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named along with three other named persons and some unknown persons. The allegation made in the F.I.R. that all the accused persons fired indiscriminately from their firearm weapons on account of which one person sustained grievous injuries. Learned counsel further submits that injured sustained only one bullet injury, which creates doubt about the veracity of the prosecution case. One co-accused, Deependra Singh, who was named in the F.I.R. has already been enlarged on bail by this Court. As to the criminal history, there is criminal history of two cases. 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 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 the applicant is in jail since 18.01.2025. 3. Learned A.G.A. for the State has opposed the prayer for bail. 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-Nishu Basuta, be enlarged on bail in Case
Crime No. 09 of 2025, under Sections 191(2), 191(3), 190, 109, 352 of B.N.S., Police Station- Pallavpuram, District- Meerut, on executing a personal bond and furnishing two local 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. iv) The applicant shall not commit any 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.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 1.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad