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2025 DAILYLAW 67785 (ALL)

BITTU v. STATE OF U.P.

BAIL/20974/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20974 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashvani Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.70 of 2025, under Sections 212, 231, 109(1) of B.N.S. and Section 3/25/27 of Arms Act, Police Station Shahpur, District Muzaffar Nagar, during the pendency of trial. 4. As per prosecution story, the named accused person Aditya is stated to have fired and caused injury to the little finger of son of the informant Lavish on 18.03.2025 at about 8:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is the informant and father of the victim, but he has been falsely implicated in the present case. The story has been developed subsequently that it was the applicant who had fired at the named accused person Aditya and the said fire incidentally hit his own son, thereby injuring him and causing gunshot injury to his little finger. 6. Learned counsel for the applicant has further argued that the allegations are per se false. There is no corroboration of the story as narrated. Even there is an affidavit filed by the son of the informant corroborating the prosecution story as narrated in the FIR. There is no criminal history of the Versus Counsel for Applicant(s) : Ashvani Tripathi Counsel for Opposite Party(s) : G.A. Bittu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. The applicant is languishing in jail since 30.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Bittu, 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 (Ravi Kant) BAIL No. 20974 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad