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2025 DAILYLAW 63460 (ALL)

GANESH v. STATE OF U.P.

BAIL/23746/2025 · 2025-07-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109951 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23746 of 2025 Applicant :- Ganesh Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Alok Kr. Srivastava, learned counsel for the applicant, Sri Pushpendra Singh Jadon, learned A.G.A. and Sri Raghuvansh Chandra, learned counsel for the first informant who has filed vakalatnama today and the same is taken on record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 23 of 2025, u/s 190, 191(2), 333, 191(3), 115(2), 109(1), 352, 351(3), 125 B.N.S., P.S. Jahangirpur, District Bulandshahr. 3. Contention of learned counsel for the applicant is that for the same incident the parties have registered cross FIRs against each other and both the parties have suffered injuries. Therefore, at this stage, it cannot be said that who was the aggressor. It is further submitted that charge sheet has already been filed in the present case, therefore, there is no requirement of custodial interrogation. It is further submitted that co- accused Tapesh has already been granted bail by this Court on 1.7.2025 in Bail Application No. 20148 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Tapesh. The applicant is a law abiding citizen and he has no criminal history and he is languishing in jail since 17.3.2025. 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- Ganesh, 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 :- 10.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad