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Neutral Citation No. - 2025:AHC:112315 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19916 of 2025 Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Munna Khan,Pradeep Kumar,Syed Ali Imam Counsel for Opposite Party :- Ambleshwar Pandey,Devaang Savla,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Syed Ali Imam along with Sri Pradeep Kumar,
learned counsel for the applicant, Sri Devaang Savla, learned counsel for the first informant, Sri Anish Kr. Upadhyay, 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. 108 of 2025, under Sections 191(2), 191(3), 333, 109, 115(2), 352, 351(2) BNS, P.S. Nauchandi, District Meerut. 3. Contention of learned counsel for the applicant is that as per the allegations in the FIR, there was a matrimonial dispute between the sister of the applicant and her husband Naveen Upadhyay who is the the first informant and also injured in this case. It is further submitted that initially the applicant was not named in the FIR, but subsequently, his name came up in the statement of the injured/first informant on the the basis of CCTV footage in which the applicant was also seen along with seven other co-accused persons. As per the injury report, only two injuries are grievous in nature whereas others are simple and out of that two grievous injuries, one is on the vital part. However, no specific role has been assigned to the applicant as there were eight persons against whom no specific allegation has been made for causing those grievous injuries. It is further submitted that the dispute between the sister of the applicant and the first informant/injured has been referred to the mediation centre in a criminal writ. The applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 29.4.2025. 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. Per contra, learned counsel for the first informant vehemently opposed and submitted that two grievous injuries have been caused to the first informant and as per the CCTV footage, the applicant was also present there along with seven co-accused
persons. 5. Learned A.G.A. has also adopted the argument of learned counsel for the first informant. However, they could not dispute the fact that the allegation of beating is made against eight persons and no specific role for causing grievous injury has been assigned to the present applicant. 6.
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. 7. Let the applicant- Rajesh, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad