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Neutral Citation No. - 2025:AHC:125810 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25898 of 2025 Applicant :- Sachin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Shashank Dwivedi, learned counsel for the applicants, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 106 of 2025, under Sections 109(1), 115(2), 352, 351(3) B.N.S., Police Station- Haldaur, District- Bijnor, during the pendency of trial.
4. As per prosecution story, the applicants along with other two co- accused persons are stated to have assaulted the family members of the informant thereby causing gun-shot injuries to three persons on 26.04.2025 at about 06:30 PM.
5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and has been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by about four hours and there is no explanation of the said delay caused. Injuries sustained by the injured persons are simple in nature although two persons have sustained gun-shot injuries but they are not on vital part of the body. It is further argued that the applicants have not been assigned the role of firing, as such, the case of the applicants is at a different footing to that of the co-accused person-Ajay who was carrying the fire arm and fired upon the injured.
6. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 02.05.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the role of firing is not assigned to the applicants and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
9. Let the applicants- Sachin and Ankush, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad