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2025 DAILYLAW 38031 (ALL)

SUSHIL v. STATE OF U.P.

BAIL/11539/2025 · 2025-10-12

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11539 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Raghuvansh Misra, learned counsel for the applicant, Sri Siddharth Chaudhary, learned counsel for the first informant and Sri Pankaj Saxena, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 181 of 2024, under Sections 307, 120-B, 504, 506 IPC, P.S. Majhola, District Moradabad. 3. Contention of learned counsel for the applicant is that applicant was not named in the F.I.R. and for the incident dated 28.2.2024 the F.I.R. was lodged on 17.3.2024. It is further submitted that applicant along with co- accused Sumit Kumar was not identified by the victims, however, the statement of some other witnesses were recorded who identified the applicant. It is further submitted that the only role assigned to the applicant is that applicant was driving the vehicle whereon the co-accused Sumit Kumar was pillion rider and who fired upon the victims and the victim narrowly escaped. It is further submitted that co-accused Sumit Kumar has already been granted bail by this Court in Bail Application No. 21694 of 2024, therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. It is further submitted that applicant has explained his criminal history of six cases out of which in one case the applicant has been exonerated and in another case final report has been submitted which was accepted by the concerned court. He is languishing in jail since 25.2.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would Versus Counsel for Applicant(s) : Ashok Kumar Upadhyay, Raghuvansh Misra, Shailendra Kumar Singh Counsel for Opposite Party(s) : Desh Ratan Chaudhary, G.A., Siddharth Chaudhary Sushil .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State opposed the prayer for bail and submitted that the applicant in collusion with the co-accused Sumit Kumar have been terrorizing the family of the first informant to prevent them from pursuing the case regarding murder of Anuj Chaudhary who is the brother-in-law of the first informant. 5. Thus, considering the entire facts and circumstances of the case and taking into account that no role of firing has been assigned to the applicant and he was not identified by the victim; charge sheet has already been filed and the applicant has explained his criminal history, this Court is of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sushil, involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 Vandana BAIL No. 11539 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad