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2025 DAILYLAW 39082 (ALL)

GAURAV v. STATE OF U.P.

BAIL/11811/2025 · 2025-04-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62794 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11811 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Pranav Tiwary,Veerendra Singh Counsel for Opposite Party :- Amitrana,G.A. Hon'ble Ashutosh Srivastava,J. Heard Mr. Pranav Tiwary, learned counsel for the applicant, Sri Amit Rana, learned counsel for the first informant and Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant, Gaurav, seeking enlargement on bail in Case Crime No. 634 of 2024, under Sections 109, 352, 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Amroha Nagar, District- Amroha. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant does not acquaint to the informant and his brother as such there was no previous enmity between the applicant and his brother. He submits that in the present case, charge-sheet has been filed on 10.11.2024 and the applicant is not required for any custodial interrogation. Learned counsel for the applicant submits that as per medical report, the injured was admitted in the hospital on 10.10.2024 and after three days i.e. 13.10.2024 he was discharged from the hospital, as such the injuries were not serious in nature. The Doctor in his statement has not stated that the injuries suffered by the injured is dangerous to life. It is further submitted that the co-accused Deepak @ Deepu has been granted bail by this Court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 449 of 2025, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 18.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Gaurav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad