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Neutral Citation No. - 2025:AHC:50143 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11358 of 2025 Applicant :- Veeresh Urf Choutha Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Pathak Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Sajay Pathak, learned counsel for the applicant, Sri J.P.S. Jadaun, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0174 of 2024, registered under Sections 147, 149, 341, 323, 504, 506, 427, 452, 325, 307 I.P.C., Police Station Harduaganj, District Aligarh, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. 8 persons are named in FIR and they have been made accused for assaulting the injured with lathi and danda in which 3 persons received injuries. Injuries received by injured are simple in nature. Applicant earlier granted anticipatory bail by co- ordinate Bench of this Court vide order dated 23.08.2024 till submission of police report. Applicant claims parity with co- accused, Smt Prakashi, who has been granted bail by co-ordinate Bench of this Court vide order dated 27.11.2024. No specific role has been assigned to the applicant. The applicant is languishing in jail since 20.08.2024 having no previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Sri Jadaun, informant's counsel has vehemently opposed the bail prayer of the applicant and submitted that injured has received grievous injuries. One injured nose has been found fractured. Prima facie, offence is made out against the applicant. It is not a case of false implication.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid
down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Veeresh @ Choutha, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad