Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111947 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19988 of 2025 Applicant :- Hemant Kumar @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, Sri Rajeev Kumar Singh, 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.98 of 2024, under Sections-115(2), 117(2), 109, 352, 351(2) of BNS, 2023, Police Station-Shakti Nagar, District-Sonbhadra, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant has been falsely implicated. Though, role of causing injury by rod to the injured Krishna Kant Dubey, has been assigned to the applicant but there is no such injury as stated by Krishna Kant Dubey. It is further submitted that the applicant has no criminal history except one case under the Excise Act in which the applicant has been released on bail. He further submitted that the co-accused Rahul Sharma, has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.45480 of 2024 vide order dated 04.02.2025. 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 12.05.2025. 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- Hemant Kumar @ Golu 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 :- 14.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad