Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67182 (ALL)

DEEPU v. STATE OF U.P.

BAIL/20524/2025 · 2025-09-14

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20524 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ajay Vikram Yadav, learned counsel for the applicant and Sri Sharad Kumar Singh, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No.472 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 109, 352 of BNS and Section 3/25/27 of Arms Act, Police Station Bewar, District Mainpuri, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 5. Learned counsel has next stated that it is true that the applicant is the main accused person as he is stated to have caused gun shot injury to the injured person. The injury report indicates that the injured person has sustained injury on his vital party of the body. 6. Learned counsel has further stated that there is cross-version to the instant case and the applicant has sustained seven injuries on his body but has been medically examined at the time of his admission at jail on 25.12.2024. The said injury sustained by the applicant has not been explained by the prosecution, as such the applicant is entitled for bail. Versus Counsel for Applicant(s) : Ajay Vikram Yadav, Sanjay Srivastava Counsel for Opposite Party(s) : G.A., Sharad Kumar Singh Deepu .....Applicant(s) State of U.P. .....Opposite Party(s) 7. There is no criminal history of the applicant. The applicant is languishing in jail since 25.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer as well as learned counsel for the informant have vehemently opposed the bail application on the ground that there is no cross version of the instant case. The applicant and other co-accused persons are the main assailants and they had forcibly dragged the injured person to their house and they carried motive to commit the said offence as it was alleged that the injured person had passed indecent remarks against his sister. 9. Learned counsel for the informant has next stated that there is recovery of country made pistol at the pointing out of the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the FIR is delayed by more than one day coupled by the fact that the injuries sustained by the applicant have not been explained by the prosecution, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Deepu, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the BAIL No. 20524 of 2025 2 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Sumit S BAIL No. 20524 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad