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2025 DAILYLAW 67137 (ALL)

VITENDRA KUMAR v. STATE OF U.P.

BAIL/21103/2025 · 2025-08-07

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134704 Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21103 of 2025 Applicant :- Vitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Vitendra Kumar for the offence punishable under Section 109(1) B.N.S. and Section 3/25/27 of Arms Act in Case Crime No. 33 of 2025, Police Station- Eka, District-Firozabad. 2. Sri Santosh Kumar Singh, learned advocate, holding the brief on behalf of applicant and submits that the matter pertains to police party firing, wherein accused has been languishing in jail since 25.02.2025. There is no independent witness of arrest and recovery. There is criminal history of 17 cases to the credit of the applicant and in all the cases, the accused-applicant is on bail. 3. Per contra, learned AGA submits that the accused is habitual offender. The criminal history has been explained by the accused- applicant. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. Prima facie the record reveals that the cases registered against the accused-applicant are police cases. None of the police personnel suffered injury in the present case. The arrest and recovery has been made in absence of independent witness. The charge sheet has been submitted against the accused-applicant. The accused-applicant is in jail since 25.02.2025. 6. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in view of observation made by the Supreme Court in its dictum of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 8.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad