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2025 DAILYLAW 73148 (ALL)

ALOK SINGH v. STATE OF U.P.

BAIL/23846/2025 · 2025-07-09

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110424 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23846 of 2025 Applicant :- Alok Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been preferred by the applicant with a prayer to release him on bail in Case Crime No.0131 of 2025, under Sections 191(2), 191(3), 190, 109(1), 115(2), 352, 324(4) of B.N.S. and Section 3/25/27 of Arms Act, police station Jaithra, district Etah, during the pendency of the trial. As per prosecution case, in brief, the complainant got a F.I.R. lodged on 14.05.2025 against six accused persons, namely, Chob Singh alias Ombir, Rachit, Rishav, Alok Singh (present applicant), Prashu and Gajendra alias Guddu making allegation inter-alia when he was going to the house of M.L.A. for making complainant about the incident which happened with him yesterday, then on the way accused persons stopped his car and after taking the applicant down, abused and beaten him and also broke the window glass of his vehicle with stick. When he tried to ran away, the accused persons with common intention, opened fired, in which one bullet hit to his left hand. It is contended by learned counsel for the applicant that the general role of assault and firing has been assigned to all the six accused persons in the F.I.R. whereas the applicant has received three injuries, which are simple in nature. Referring the statement of complainant, it is further argued that even the complainant in his statement has not specified that whose bullet hit him. 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 having criminal history of three cases, in which he is on bail. The said cases have been explained in paragraph no. 26 of the bail application. The applicant is languishing in jail since 16.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could 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 that complainant has received following injuries:- "(i) C/o pain in occipital. (ii) Abrasion 7 X 3 cm Rt. Upper Arm. (iii) Abrasion 6 X 6 cm Lt. Elbow. (iv) T. Swelling 5 X 6 cm. Rt. Thumb Oval. (v) C/o Pain in left knee." The injury nos.1, 3 & 5 are simple in nature. The injury nos.2 and 4 were kept under observation. From the perusal of X-ray report, I find that there is no bone injury seen whereas radio opaque shadow was found but it is not clear that complainant got injured by whom shot. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, injury, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Alok 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 :- 10.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad