Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 6888 (ALL)

NARENDRA ALIAS SUNIL v. STATE OF U.P.

BAIL/1403/2025 · 2025-03-05

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:33617 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1403 of 2025 Applicant :- Narendra Alias Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Kandarp Narayan Mishra,Sandeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kandarp Narayan Mishra learned counsel for the applicant, Shri Shyam Narayan Rai, learned AGA for the State- respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Narendra Alias Sunil, seeking enlargement on bail in Case Crime No. 315 of 2024, under Sections 323, 504, 506, 326 of the Indian Penal Code, Police Station Jhangaha, District Gorakhpur. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.6.2024. Learned counsel for the applicant submits that the applicant is the husband of victim and there is family dispute between them. Learned counsel for the applicant further submits that the applicant has no intention to cause any injury to his wife and daughter. The injury received on the person of the injured is simple in nature. It is a case of sudden provocation. Learned counsel for the applicant next submits that the charge-sheet has been submitted in this case on 24.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Narendra Alias Sunil, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 6.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad