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2025 DAILYLAW 68603 (ALL)

VISHALDEEP SINGH v. STATE OF U.P.

BAIL/23715/2025 · 2025-08-13

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139234 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23715 of 2025 Applicant :- Vishaldeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Vishaldeep Singh, who is involved in Case Crime No. 0109 of 2025, under Sections 109, 118(1), 3(5) BNS, 2023, police station G.R.P. Mathura, district Mathura, seeks enlargement on bail during the pendency of trial. As per prosecution case in brief, complainant Indar Singh, who is father of the injured Pravin, got an F.I.R. lodged on 02.04.2025 for the offence under Sections 109, 118(1) BNS, 2023 against the applicant Vishaldeep Singh and co-accused Gurudev, Gururaj and Karanpreet Singh making allegation inter alia that his son Pravin was travelling by Train No. 12715 Sachkhand Express. During the said journey, some quarrel took place with the accused persons whereby they assaulted his son with sword and kirpan whereby he received serious injuries. F.I.R. also alleged that his friend Vinay, who had gone there to receive his son, also received injuries. It is argued by learned counsel for the applicant that the incident took place in the heat of the moment because of sharing of train berth. There was no intention to cause the alleged incident on the part of the applicant and co-accused. General allegation of assault has been levelled against all the four accused persons. In the statements of both the injured recorded during investigation, they have stated inter alia that out of them, one person caused injuries to them but they did not name that out of four accused persons, who has caused the said injury. It is also submitted that the case of the applicant stands on identical footing to that of co-accused Gururaj Singh, Karanpreet Singh and Gurudev, who have been granted bail by this Court vide orders dated 25.06.2025, 02.07.2025 and 14.08.2025 in Criminal Misc. Bail Application Nos. 21948 of 2025, 21964 of 2025 and 23707 of 2025, copies of said orders have been produced by learned counsel for the applicant, which are taken on record and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal antecedent to his credit. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 03.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Gururaj Singh, Karanpreet Singh and Gurudev under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Vishaldeep Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 14.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad