Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107093 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19316 of 2025 Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dilip Kumar, learned Senior Advocate, assisted by Sri Rizwan Ahmad, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.72 of 2025, under Sections-217, 229, 231, 109, 308 (7) of BNS, 2023, Police Station-Linepar, District-Firozabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was the informant of the present case. Subsequently during investigation a dispute arose regarding the nature of injuries merely on the basis of statement of doctor that injuries caused to the applicant may not be caused by firearm but by some thermal burn and hard blunt object. Learned counsel for the applicant has submitted that it is a purely disputed question where there is a contradiction between the ocular evidence and documentary evidence which can be decided during trial. It is further submitted that the applicant has explained the criminal history of three cases which were of the year 2017 itself and applicant was not involved in any other case. It is further submitted that
charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 15.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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- Rahul Kumar 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 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad