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2025 DAILYLAW 51338 (ALL)

DEEPAK v. STATE OF U.P.

BAIL/15590/2025 · 2025-09-08

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15590 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 71 of 2025, under Sections 191(2), 115(2), 352, 351(2), 109(2) B.N.S., police station Lodha, district Aligarh, during the pendency of trial. It is argued by learned counsel for the applicant that complainant-Umesh Kumar got a first information report lodged on 16.03.2025 for the alleged offence under Sections 191(2), 333, 74, 115(2), 352, 351(2), 109, 304 B.N.S., 2023 against seven accused persons namely, Vikas, Deepak (applicant), Rakesh, Sonu, Pavan, Maneesh and Kuldeep, out of which co-accused Pavan has been granted bail by the Coordinate Bench of this Court vide order dated 15.07.2025 in Criminal Misc. Bail Application No. 20117 of 2025. A cross case has also been registered from the side of the applicant and both the parties received Versus Counsel for Applicant(s) : Omvir Singh Rajpoot, Sanjay Kumar Tiwari, Vijai Kumar Tiwari Counsel for Opposite Party(s) : G.A., Rewti Raman Patel Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) injuries in this case. The case of the applicant stands on identical footing to that of co-accused Pavan hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedent. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 12.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that co-accused Pavan has been granted bail as noted above, hence prima facie, the applicant has made out a case for bail on the ground of parity. Accordingly, the bail application is hereby allowed. Let the applicant-Deepak, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him BAIL No. 15590 of 2025 2 from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 9, 2025 Kashifa BAIL No. 15590 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad