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Neutral Citation No. - 2025:AHC:112428 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20738 of 2025 Applicant :- Pushpendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shankar Patel Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ganesh Shankar Patel, learned counsel for the applicants, Sri Rajeev Kr. Sonkar, learned State Law Officer and perused the record. 2. The instant application has been filed to enlarge the applicants on bail in case crime No. 405 of 2024, under Sections 191(2), 191(3), 190, 109, 351(2) BNS, P.S. Dataganj, District Budaun. 3. Contention of learned counsel for the applicants is that general allegation has been made against 11 persons including the applicants for causing injuries to the injured. It is further submitted that it is a cross case for the same incident in which one relative of the applicants, namely, Amarjeet, had also received gun shot injury and an F.I.R. was lodged by the applicants' side. Thereafter, the present F.I.R. has been lodged. The applicants have criminal history of two cases which has been explained in the accompanying affidavit. It is further submitted that co-accused Bablu @ Devendra has already been granted bail by this Court in Bail Application No.10490 of 2025, therefore, applicants are also entitled to be released on bail on the ground of parity with co-accused Bablu. Applicants are languishing in jail since 16.12.2024. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, applicants are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. 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 applicants are entitled to be enlarged on bail. 6.
Let the applicants- Pushpendra and Rakesh, involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them.
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 applicants 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