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2025 DAILYLAW 40867 (ALL)

UMESH AND ANOTHER v. STATE OF U.P.

BAIL/12630/2025 · 2025-04-24

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64140 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12630 of 2025 Applicant :- Umesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Kaish,Neelabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Bansi Lal Nishad learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. Learned counsel for the applicants further submits applicants are named along with other seven persons. The specific role for causing gunshot injury to the injured Makhanlal has been assigned to the co-accused Suraj whereas specific role of causing eye injury to Rajveer has been assigned to the co-accused Kamal. Thus, general allegation has been made against the applicants and no specific allegation has been made against them. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 19.03.2025 with no criminal history. Learned counsel further submits that similarly situated co-accused namely, Bijnesh Kumar has already been enlarged on bail by this Court vide order dated 21.04.2025 passed in Criminal Misc. Bail Application No.12851 of 2025, copy of which order has been produced before this Court and is taken on record. It is thus contended that the applicants are also entitled for bail on the ground of parity. 3. Learned A.GA. for the State has opposed the prayer for bail however, could not dispute the submissions of learned counsel for the applicant with regard to parity. 4. 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. 5. Let the applicant-Umesh and Balwant be enlarged on bail in Criminal Case No. 563437 of 2024, arising out of Case Crime No. 0217 of 2024, under Sections 147, 323, 504, 325, 308 I.P.C., Police Station- Sadar Baazar, District Shahjahanpur, 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 an 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. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 25.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad