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2025 DAILYLAW 33518 (ALL)

SUNDARAM ALIAS DEVID v. STATE OF U.P.

BAIL/10039/2025 · 2025-04-30

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69437 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10039 of 2025 Applicant :- Sundaram Alias Devid Opposite Party :- State of U.P. Counsel for Applicant :- Jai Kushwaha,Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- Bhanu Pratap Singh,G.A.,Mohinee,Pawan Kumar Yadav Hon'ble Dr. Gautam Chowdhary,J. 1. List revised. None appears for the informant. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that allegation made in the F.I.R. is that all the accused persons named in the F.I.R. dashed their car from behind with the motorcycle of the informant on account of which informant sustained injuries on his hand, leg and head and his friend Rohit Gupta had sustained injuries on his head, eyes, hand and leg. Learned counsel further submits that as per injury report of the informant his C.T. Scan report was found normal. As to the criminal history there are four cases against the applicant and his criminal history has satisfactorily been explained. 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 12.02.2025. 4. Learned A.G.A. for the State has opposed the prayer. 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-Sundaram Alias Devid, be enlarged on bail in Case Crime No. 58 of 2025, under Sections 351(3), 352, 109 of B.N.S., Police Station- Pipiganj, District- Gorakhpur, 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. 7. 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