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2025 DAILYLAW 59047 (ALL)

SADDAM v. STATE OF U.P.

BAIL/17258/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107522 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17258 of 2025 Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicant, Sri Manoj Kumar, learned counsel for the first informant and Sri Sunil Kr. Kushwaha, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 26 of 2025, under Sections 191(2), 191(3), 117(2), 352, 351(3), 109(1), 115(2) BNS, P.S. Kithore, District Meerut. 3. Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R., however, subsequently his name came up in the statement of co-accused. It is further submitted that general allegations have been made against all the accused persons including the applicant for causing injuries to the injured. It is submitted that even from the perusal of the injury report, it is clear that none of the injuries were caused on any vital part. Therefore, at the most, the case would fall under Section 117(2) BNS which is punishable up to 7 years. The applicant has explained his criminal history in paragraph No.20 of the accompanying affidavit and he is languishing in jail since 10.4.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Saddam, involved in the aforementioned crime be released on bail, on his 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 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad