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Neutral Citation No. - 2025:AHC:93076 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14326 of 2025 Applicant :- Sukhpal Alias Halke And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Tiwari,Shantanu,Vikram Singh Shrivastava Counsel for Opposite Party :- G.A.,Ved Prakash Ojha Hon'ble Sameer Jain,J.
1. Heard Sri Shantanu, learned counsel for the applicants, Sri Brijesh Pratap Singh, learned A.G.A. for the State-respondent and Sri Ved Prakash Ojha, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.03 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109, 103(1), 3(5) B.N.S., Police Station Purakala, District Lalitpur, during pendency of the trial. 3. Learned counsel for the applicants submits that however, applicants were named in the FIR alongwith five others but role of causing firearm injury to the deceased and the injured has been specifically assigned to co-accused Jajpal Singh, Nanheraja and Balbeer Singh. 4. He further submits that there is no allegation, either in the FIR or in the statements of the witnesses including the statement of the injured witness that applicants also caused any injury either to the deceased or to the injured. 5. He further submits that applicants are having no criminal history and they are in jail in the present matter since
08.01.2025. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, applicants were named in the FIR alongwith five
others and it is a case in which one person died and one person sustained injuries but it reflects, role of causing firearm injuries, either to the deceased or to the injured have not been assigned to the applicants and as per prosecution, co-accused Jajpal Singh, Nanheraja and Balbeer Singh caused firearm injuries to them. 9. Further, applicants are having no criminal history and they are in jail in the present matter since 08.01.2025. 10. Therefore, considering the facts and circumstances of the case discussed above in my view, in my view, applicants are entitled to be released on bail. 11.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants- Sukhpal @ Halke, Sonu @ Yashpal and Chandrapal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti- social activity.
13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad