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2025 DAILYLAW 53979 (ALL)

SHYAM KUMAR v. STATE OF U.P.

BAIL/15283/2025 · 2025-05-06

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73804 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15283 of 2025 Applicant :- Shyam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged by the mother of the applicant with the allegation that on account of matrimonial dispute of her son with his wife, two brothers of the wife and one unknown person reached at her house and fired gunshots on account of which son of the informant sustained firearm injuries. Learned counsel further submits that though the injured in his statement recorded before the police had made allegations against the named accused persons, but during course of investigation from the statements of independent witnesses it came into knowledge to the Investigating Officer that the applicant had himself caused gunshot injury to him only to implicate his in-laws on account of matrimonial dispute arose between him and and his wife. Learned counsel further submits that all the injuries sustained by the applicant is simple in nature, therefore, applicant may be enlarged on bail sympathetically. 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 12.04.2025 with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail. 4. 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. 5. Let the applicant-Shyam Kumar, be enlarged on bail in Case Crime No. 479 of 2024, under Sections 109(1), 231, 248 of B.N.S., Police Station- North, District- Firozabad, 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. 6. 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 :- 7.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad