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2025 DAILYLAW 68847 (ALL)

AMAR PAL v. STATE OF U.P.

BAIL/22145/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103845 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22145 of 2025 Applicant :- Amar Pal Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Singh Solanki,Pashali Slolanki Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri A.K. Singh Solanki, learned counsel for the applicant, Md. Shoib Khan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 141 of 2024, under Sections 354, 354(Ka), 354(Kha), 323, 504, 506, 316 IPC, Police Station- Fatehganj Poorvi, District Bareilly. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated as the impugned proceeding is nothing but a counter blast to the cross FIR lodged by the mother of co-accused on 13.06.2023 against the son of first informant under Sections 147, 452, 354(Ka), 376, 511, 523, 504, 506 IPC and 7/8 POCSO Act. It is further submitted that bare perusal of the statement of victim recorded under Section 183 BNSS, it is clear that there is no allegation against the applicant and it is case of simply brawl. He further submitted that the victim suffered injuries in his abdomen in accidental fall. The applicant has no criminal history and charge sheet has been filed, therefore, there is no requirement for custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 21.03.2025. 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. 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- Amar Pal 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 :- 3.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad