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2025 DAILYLAW 73394 (ALL)

BINTU v. STATE OF U.P.

BAIL/24303/2025 · 2025-08-12

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137724 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24303 of 2025 Applicant :- Bintu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Pradeep Kumar,Rakesh Kumar Singh Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Bintu, who is involved in Case Crime No. 489 of 2025, under Sections 109(1), 352, 351(2) and 3(5) BNS, police station Kotwali City, district Bijnor, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that F.I.R. was lodged against the applicant and unknown person making allegation inter alia that the applicant and his associates while abusing the complainant also fired upon him whereby he received some pellets on his chest and leg. Referring the injury report, it is argued that injured has received three injuries in the nature of red abrasion which are simple in nature and in the column of object, it is mentioned that the same is caused by hard and blunt/fraction. Much emphasis has been given by contending that there is no internal damage to the complainant. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 11.06.2025 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 as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that country-made pistol (tamancha) has been recovered from the possession of the applicant. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that general role of firing has been assigned to all the accused persons and the injuries sustained to the injured are simple in nature, therefore, the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. Let the applicant Bintu 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 :- 13.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad