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2025 DAILYLAW 7459 (ALL)

CHAND VEER v. STATE OF U.P.

BAIL/2106/2025 · 2025-05-01

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70464 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2106 of 2025 Applicant :- Chand Veer Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar,Mohini Jaiswal,Renu Choukl Counsel for Opposite Party :- G.A.,Sudhir Kumar Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today is taken on record. 2. This is the second bail application of the applicant. His first bail application was rejected vide order dated 29.08.2024 passed in Criminal Misc. Bail application No. 31454 of 2024. 3. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 4. Learned counsel for the applicant submits that though in the F.I.R. the informant alleged that all the named accused persons including the applicant assaulted the informant with lathi-danda and backside of the gun on account of which he sustained serious injuries, but after the rejection of the first bail application, the informant appeared at the trial as P.W.2 who have been declared hostile, thus, there is bleak chance that applicant may be convicted. There are two cases into the credit of applicant, which has properly been explained. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 19.06.2024. 5. Though, the learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail but they could not dispute that the informant in his examination at the trial has been declared hostile. 6. 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 application stands allowed. 7. Let the applicant-Chand Veer, be enlarged on bail in Case Crime No. 278 of 2023, under Sections 307, 323, 324, 504, 506 I.P.C., Police Station- Hastinapur, District- Meerut, 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. 8. 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. Order Date :- 2.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad