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Neutral Citation No. - 2025:AHC:89355 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17948 of 2025 Applicant :- Arjun Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Vinod Kumar Hon'ble Chandra Dhari Singh,J.
1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 840 of 2024, under Sections 118(2), 115(2), 352, 351(3) of B.N.S., Police Station - Kotwali, District - Mainpuri. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused, Pradeep has already been granted bail by the co-ordinate Bench of this Court vide order dated 21.04.2025 passed in Criminal Misc. Bail Application No. 12898 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 19.03.2025 having no previous criminal history. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, Sri Vinod Kumar, learned counsel for the complainant and Sri Vijay Kumar Rathi, learned counsel appearing on behalf of the State have vehemently opposed the instant bail application. Learned counsel for the complainant submitted that as per injury report and statement of doctor, one right eye of injured is completely damaged but he has fairly conceded that common role have been assigned to all the accused persons including applicant. 4. Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Vinod Kumar, learned counsel for the complainant, Sri Vijay Kumar Rathi, learned AGA and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Pradeep has already been granted bail, without expressing any opinion on the merit of the case, I am inclined to grant
bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Arjun Singh, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.
50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad