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2025 DAILYLAW 68334 (ALL)

ANIL KUMAR v. STATE OF U.P.

BAIL/21635/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101267 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21635 of 2025 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vijay Kumar Mishra, learned counsel for the applicant, Sri Raj Bahadur Varma, learned A.G.A. for the State and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in Case Crime No. 0287 of 2017, under Sections 323, 307, 504, 506 I.P.C., P.S. Mawana, District Meerut. 3. Contention of learned counsel for the applicant is that though initially he was named in the F.I.R. charge-sheet was not filed against him. He next submitted that the injured person namely, Pradeep in his statement recorded under Section 161 Cr.P.C. added some facts but assigned general role to the accused persons. The applicant was again summoned during trial under Section 319 Cr.P.C. It is further submitted that the general allegations were made against all the accused persons and no specific role has been assigned to the applicant. It is further submitted that co-accused Chandrabhan has already been granted bail by co-ordinate Bench of this Court vide order dated 14.07.2017 passed in Criminal Misc. Bail Application No.25148 of 2017. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused Chandrabhan He also added that there is no previous criminal antecedent of the applicant. The applicant is a law abiding citizen and he is languishing in jail since 17.05.2025. 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, 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 applicant is entitled to be enlarged on bail. 6. Let the applicant- Anil Kumar, 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 her. 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 :- 1.7.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad