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Neutral Citation No. - 2025:AHC:93587 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11933 of 2025 Applicant :- Bachchu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh,Brijesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Akhilesh Kumar Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 211 of 2023, under Sections 147, 452, 323, 308, 504, 506 of IPC, Police Station - Kagaraula, District - Agra, during the pendency of trial.
4. As per prosecution story, the applicant along with four other co- accused persons is stated to have assaulted the informant, his wife and daughter causing grievous injuries to them on 06.11.2023 at about 05:00 PM.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about four days and there is no explanation of the said delay caused.
6. Learned counsel has also stated that the injuries are simple in nature. There is a cross-version to the instant FIR which was registered from the side of applicant two days prior to the date of lodging of instant FIR. There are four persons, who had sustained injuries in the cross-version including the applicant.
7. Learned counsel has argued that at this point of time, it cannot be ascertained as to which party was the aggressor. There is no criminal history of the applicant. The applicant is languishing in jail since 03.03.2025 and he is ready to cooperate with trial. In
case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, delay of four days in lodging the FIR and also considering the fact that there is a cross-version to the instant FIR coupled by the fact that the injuries sustained by the injured persons are simple in nature, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Bachchu Singh, who is involved in aforementioned 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad