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Neutral Citation No. - 2025:AHC:113830 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21393 of 2025 Applicant :- Dilip Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 83 of 2025, under Sections 109(1), 351(2) B.N.S., Police Station- Pannuganj, District- Sonbhadra, during the pendency of the trial.
4. Contention of learned counsel for the applicant is that as per the F.I.R., general allegation was made against all the accused persons including the applicant for beating and causing injuries to the brother of the first informant, Ajit Prajapati. However, the injured Ajit Prajapati made specific allegation of causing injury to co-accused, Vimlesh and no specific role has been assigned to the applicant. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 14.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
6. 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.
7. Let the applicant- Dilip 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad