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2025 DAILYLAW 67419 (ALL)

ASAAD v. STATE OF U.P.

BAIL/20858/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107060 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20858 of 2025 Applicant :- Asaad Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Fakhruzzaman, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Session Trial No. 70 of 2024, Case Crime No. 290 of 2023, under Sections 401, 307 IPC, Police Station- Kadaura, District Jalaun. 3. Contention of learned counsel for the applicant is that as per the allegation in the FIR, during the raid conducted by the police party, all the accused persons have fired on them, however, no one was injured. It is further submitted that name of the applicant came up in the statement of co-accused person, who was arrested by the police regarding his involvement in criminal activities with the accused persons. It is further submitted that no incriminating material has been recovered from the possession of the applicant. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal and he is languishing in jail since 19.11.2024. In case, he is granted bail, he 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. 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 applicant is entitled to be enlarged on bail. 6. Let the applicant- Asaad 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 :- 8.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad