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Neutral Citation No. - 2025:AHC:89993 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16140 of 2025 Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Jeet Yeadav,Rajkumari Yadav,Sakshi Jaiswal,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record.
3. Learned counsel for the applicant submits that allegation made in the F.I.R. is that all the eleven accused persons named in the F.I.R. including the applicant while having sharp edged weapons, lathi and country made pistols, assaulted three persons from the side of informant. Learned counsel for the applicant further submits that one injured namely Vinod, in his statement made general allegations against all the accused persons and no specific allegation has been made by him against the applicant. The injured sustained seven injuries and the injuries which were advised for X- Ray and as per radiological report no obvious radiological, bony traumatic abnormality could be noted. Another injured Payal and Sanej also sustained simple injuries. Several other submissions in
order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 15.03.2025, with no criminal history.
4. Per contra, learned A.G.A. as well as learned counsel for the
informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
6. Let the applicant-Neeraj, be enlarged on bail in Case Crime No. 114 of 2025, under Sections 191(2), 191(3), 109(1), 76, 190, 115(2), 333, 351(3), 352 of B.N.S., Police Station- Jani, District- Meerut, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad