Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73875 (ALL)

GAMHA AND ANOTHER v. STATE OF U.P.

BAIL/24338/2025 · 2025-09-18

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24338 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. The F.I.R. was lodged against four persons including these two applicants. The allegation made in the F.I.R. is that all the accused persons named in the F.I.R. assaulted the son of informant by lathi-danda, farsa and knife. Learned counsel further submits that the injured in his statement before the police has stated that these two-accused applicants assaulted him with kicks and fists and he made specific allegation of causing injury to him by knife to the co-accused Virendra who has already been enlarged on bail. Thus, it is argued that as the case of applicants is not on the worse footing than that of the aforesaid co-accused-Virendra, therefore, applicants may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 05.06.2025, with no previous criminal antecedent to their credit. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicants but he could not dispute the submissions made by learned counsel for the applicants. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail Versus Counsel for Applicant(s) : Sanjay Singh, Shivam Singh Counsel for Opposite Party(s) : G.A. Gamha And Another .....Applicant(s) State of U.P. .....Opposite Party(s) application stands allowed. 5. Let the applicant-Gamha and Amod Sah, be enlarged on bail in Case Crime No. 252 of 2024, under Sections 109, 3(5) of B.N.S., Police Station- Taryasujan, District- Kushi Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 19, 2025 Mustaqeem. BAIL No. 24338 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad