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2025 DAILYLAW 50554 (ALL)

VINOD JAISWAL AND ANOTHER v. STATE OF U.P.

BAIL/15153/2025 · 2025-05-13

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79270 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15153 of 2025 Applicant :- Vinod Jaiswal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Rai Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 38 of 2025, under Sections 109, 191 (2), 191 (3), 190, 115 (2), 352, 351 (3) and 333 of B.N.S., 2023, Police Station Uruwa Bazar, District Gorakhpur. 2. Learned counsel appearing on behalf of the applicants submitted that applicants are innocent and they have not committed any offence as alleged in the first information report. Learned counsel further submitted that quarrel took place between both the parties i.e. applicants' side and informant's side. In the aforesaid incident, both the sides got injuries. Learned counsel further submitted that injuries sustained by Rajendra Yadav and Rekha Yadav were not danger to life. Learned counsel further submitted that applicant no.1 Vinod Jaiswal is having criminal history of three cases which has been explained in paragraph no. 16 of the paper book. Learned counsel further submitted that other co-accused namely Raju, Manish and Pradeep have already got protection by the Division Bench of this Court in the instant case. Applicants are languishing in jail since 11.03.2025. There are very dim chance of conclusion of trial in near future. Learned counsel appearing on behalf of applicants also undertaken that they will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicants. 4. Heard learned counsel for the applicants as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. I have perused the injury report on record. The injury sustained by the injured persons are not danger to life. Applicants are languishing in jail since 11.03.2025 i.e. more than two months. There are no credible material on record to connect the applicants in the instant case at this stage. It is also undertaken on behalf of applicants that they will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that if applicants are released on bail, they will not co-operate in trial and may influence the witnesses. 6. Taking into consideration all the aforesaid reasons, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. 7. Let the applicants- Vinod Jaiswal and Sandeep, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond of Rs.50,000/- 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 applicants shall not tamper with evidence. (ii) The applicants 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicants is deliberate or 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 them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad