Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78321 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13956 of 2025 Applicant :- Sameer Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking regular bail in Case Crime No 971 of 2024, under sections 109(1), 191(2), 115(2), 352, 351(3), 324(4) OF BNS, Police Station - Quarsi, District – Aligarh during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. 3. As per allegation made in the FIR, the applicant gave knife blow to the injured Farhad and Rafat. It is also submitted by the counsel that as per medical report injuries sustained to the injured persons are not danger to life.The injury report of Farhad and Rafat is annexed as Annexure-3 to the application supported with an affidavit. The injuries of Farhad and Rafat are quoted below: Farhad: Nature of Injuries: Injury No. (1) (2) and (3) are KUO Adv-X-Ray Skull and X-ray elbow rest are simple in nature. Rafat: Nature of injuries: Injury No. 1 is KUO Adv-S-Ray face rest are simple in nature. 4. It is further submitted that the applicant is in jail since 29.11.2024 i.e. more than six months. It is also submitted that there are no previous criminal history of the applicant and he is a man of clean antecedents. Investigation has already been completed and charge sheet has been filed on 8.12.2024 and cognizance has been taken by the concerned court on 24.2.2025. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further
undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 6. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid facts as stated by the learned counsel for the applicant during argument. 7.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 8. I have gone through the contents made in the application as well as the documents appended with the application. It is admitted fact that the applicant is languishing in jail since 29.11.2024, charge sheet has been filed, the applicant has no previous criminal history, injuries sustained by the injured persons are simple in nature, and further there is no chance of early conclusion of the trial. 9. Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 10. Let the applicant - Sameer Alias Sonu, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)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 shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.5.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad