Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70119 (ALL)

PUNNI ALIAS SHAHROOKH v. STATE OF U.P.

BAIL/23069/2025 · 2025-07-13

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:112591 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23069 of 2025 Applicant :- Punni Alias Shahrookh Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. representing the State. 2-By means of this application under Section 439 of Cr.P.C., applicant-Punni Alias Shahrookh, who is involved in Case Crime No. 145 of 2025, under Sections 191(2), 191(3), 190, 115(2), 125, 125b, 132, 109, 352, 351(2) B.N.S., Sections 3/25 Arms Act and Section 7 Criminal Law Amendment Act, P.S. Vijay Nagar, District Ghaziabad seeks enlargement on bail during the pendency of trial. 3-As per prosecution case in brief, two groups were indulged in fighting with each other and they were also made fire. When the police reached at the spot, they also assaulted them, due to which some superficial injuries have also been received to the police persons. Thereafter, Mr. Satyendra Kumar, Chowki In-Charge lodged an F.I.R. on 12.03.2025 at 01:16 hours with regard to an incident which took place on 11.03.2025 between 16:20 hours and 18:00 hours against 30 named accused persons namely Aslam, Babloo Chaudhary @ Israr, Kalam @ Raja, Asad, Akram, Mohd. Tarif, Ahaat Mohd., Sajid, Appu, Jahid, Saakib, Raja, Aamir @ Amir, Jishan, Raza, Ali Jan, Jahid, Shoaib, Shahrukh @ Kallu, Saahid, Punni @ Shahrookh (present applicant), Shauraaz, Shadab, Parvez, Shaurav, Maliya, Tahir, Zamir Ahmad, Danish, Happy Yadav @ Ketan and 20-25 unknown persons for the offence under Sections 191(2), 191(3), 190, 115(2), 125, 125(b), 132, 109, 352, 351(2) B.N.S. and Section 7 Criminal Law Amendment Act. 4-Much emphasis has been given by contending that in this case, 14 accused persons, namely, Abdul Kalam, Raja & Ishan, Tahir & Jishan, Jahid, Jamir Ahmad, Aslam, Babloo Chaudhary @ Israr, Appu @ Aftab, Sajid & Happy Yadav, Ali Jan and Ajamal Khan @ Malia, have been granted bail by the coordinate Bench of this Court vide orders dated 05.05.2025, 07.05.2025, 14.05.2025, 02.06.2025, 03.06.2025, 17.06.2025 and 24.06.2025 in Criminal Misc. Bail Application Nos. 14885 of 2025, 12828 of 2025, 12055 of 2025, 15165 of 2025, 13289 of 2025, 13481 of 2025, 14093 of 2025, 16110 of 2025, 18260 of 2025, 15316 of 2025 and 19246 of 2025 respectively, copies whereof have been annexed as Annexure No. 7 to the affidavit filed in support of the bail application, hence, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit. Lastly, it is submitted by the learned counsel for the applicant 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 25.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-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 Abdul Kalam, Raja & Ishan, Tahir & Jishan, Jahid, Jamir Ahmad, Aslam, Babloo Chaudhary @ Israr, Appu @ Aftab, Sajid & Happy Yadav, Ali Jan and Ajamal Khan @ Malia, under similar accusation, have been granted bail, as noted above. 7-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. 8-Let the applicant-Punni Alias Shahrookh 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. 9-The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 14.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad