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2025 DAILYLAW 47911 (ALL)

GAURAV v. STATE OF U.P.

BAIL/13652/2025 · 2025-04-24

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64106 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13652 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.,Vijay Kumar,Vimal Kant Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Shri Jai Kishan Chaurasia, the learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. By means of the instant bail application, the applicant, Gaurav, is seeking bail in Case Crime No. 34 of 2025, under Sections 109, 61 of B.N.S., Police Station Doghat, District Baghpat. 3. As per the prosecution case, the informant lodged the F.I.R. against two unknown persons with the allegation that when he was going in his car along with his wife, son and daughter, these two persons riding on a black motorcycle hit his car from the back side. When the informant come out from his car asked them about hitting his car then suddenly made fire from their firearm weapons on account of which wife and the daughter of the informant sustained firearm injuries. 4. Learned counsel for the applicant submits that applicant himself is the informant in the present case. After lodging of the F.I.R. the police recorded the statement of the applicant under Section 161 Cr.P.C. and proceeded with the investigation. During the course of investigation the police recorded statement of the brother of the wife of the applicant who made suspicion against the applicant. Learned counsel further submits that thereafter made a confessional statement of the applicant by alleging that on account of some disputes with his wife the applicant met with one Kailash to eliminate his wife, then Kailash told him that he knows one person namely Sonu who can do this work for which five lakh rupees will be spend by him. The applicant agreed and met with Sonu through Kailash. Thereafter, applicant transferred one lakh rupees in the account of Kailash. Learned counsel further submits that the entire prosecution story is false and fabricated. Learned counsel further submits that there is neither any direct or indirect evidence against the applicant in commissioning of the offence and except the confessional statement before the police there is no evidence against the applicant. Learned counsel for the applicant further submits that applicant is languishing in jail since 20.02.2025, having no criminal history. 5. Per contra, learned A.G.A. as well as learned counsel for the informant while opposing the prayer for bail of the applicant have submitted that in C.D.-17 the Manager of S.B.I. had proved that applicant had transferred five lakh rupees to the co-accused Kailash through RTGS on 31.01.2025. Thus, the confessional statement made by the applicant corroborates with the evidence. Therefore, applicant is actively involved in commission of offence, hence, his bail application deserves to be rejected. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact that confessional statement corroborates with the evidence given by the Manager of the Bank recorded at C.D.-17, this Court does not find it a fit case for bail. 7. Accordingly, the bail application of applicant-Gaurav, is rejected. Order Date :- 25.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad