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2025 DAILYLAW 58300 (ALL)

JAIKARAN SINGH v. STATE OF U.P.

BAIL/16743/2025 · 2025-05-16

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82796 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16743 of 2025 Applicant :- Jaikaran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Gopal Singh,Sudhir Kumar Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Sudhir Kumar Singh Parmar, learned counsel for the applicant and Shri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Session Trial No.105 of 2025, arising out of Case Crime No.259 of 2024, under Section 105 B.N.S. and Sections 27/30 Arms Act, Police Station Mohammadabad, District Farrukhabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, as per allegation, due to the rifle of the applicant, deceased sustained injuries and died but from the record, it reflects that it is a case of accidental death and during scuffling accidentally fire opened and deceased died. 5. He further submits that applicant was not having any intention to cause the death of the deceased. 6. He next submits that applicant is having no criminal history and he is in jail in the present matter since 08.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per allegation, due to the fire opened from the license rifle of the applicant, deceased sustained injuries and died but it could not be reflected that applicant was having any intention to cause his death rather from the record, it reflects, accidentally during scuffling suddenly fire opened and deceased died. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 08.12.2024. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Jaikaran Singh, 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 applicant shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicant 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 applicant 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 applicant. 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 :- 17.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad