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2025 DAILYLAW 67431 (ALL)

BASU THAPA v. STATE OF U.P.

BAIL/20845/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108007 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20845 of 2025 Applicant :- Basu Thapa Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, 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. 202 of 2025, under Section 3(5), 109 B.N.S., 2023, Police Station- Shahpur, District- Gorakhpur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the statement of injured, Omkareshwar Rao, the allegation of causing injury has been assigned to co-accused, Anup Dubey while the applicant has only been assigned the role of catching hold of the injured. He further submitted that co-accused Akansh has been granted bail by this Court in Criminal Misc. Bail Application No.17955 of 2025 vide order dated 07.07.2025. Therefore, the applicant is seeking parity with the aforesaid co-accused. It is further submitted that applicant has no criminal antecedents to his credit. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 28.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 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- Basu Thapa 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