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2025 DAILYLAW 68471 (ALL)

GAURAV v. STATE OF U.P.

BAIL/22011/2025 · 2025-07-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114771 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22011 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms Anjali Singh Tomer, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 62 of 2025, under Sections 109(1), 115(2), 352 of B.N.S., Police Station - Titawi, District - Muzaffarnagar, during the pendency of trial. 3. Learned counsel for the applicant has submitted that in the first information report, general allegation has been made against the accused persons along with present applicant. After certain quarrel, applicant started beating the first informant and caused injury, thereafter, the injured namely Arvind in his statement under Section 180 B.N.S.S. made allegation that on a petty issue, present applicant had started abusing the first informant and thereafter on raising objection by the first informant, he attacked first informant with sugarcane cutter on his chest of the first informant. It is further submitted that from the bare perusal of the first information report as well as statement of the injured, there is no pre-meditated intention and aforesaid injury caused in a sudden quarrel, therefore, the case at the most fall within the premises of Section 110 B.N.S which is punishable upto seven years. The applicant is a law abiding citizen and is languishing in jail since 24.03.2025 having no criminal history. Charge sheet has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. In case, he are 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- Gaurav, 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 :- 16.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad