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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25359 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Bhuvnesh Kumar Singh, counsel for the informant and Sri Shashank Shekhar Pandey, learned AGA for the State- opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 108 of 2025, under Sections 105, 115(2), 352, 131, 3(5) B.N.S., Police Station- Haldaur, District- Bijnor, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with two named co-accused is alleged to have assaulted the husband of the informant. During the course of treatment, the husband of the informant succumbed to his injuries at a hospital. As per the medical report as well as postmortem report, the deceased sustained single injury on his head. In the statements of independent witnesses, namely, Vivek, Shishpal and Pradeep, specific role of assault on the head of the deceased has been assigned to co-accused Rahul. Investigation has been completed. Charge sheet has been filed. The applicant has no criminal antecedents. The applicant is in jail since 30.4.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that as per the medical report as well as postmortem Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra Counsel for Opposite Party(s) : Bhuvnesh Kumar Singh, G.A. Hardeep .....Applicant(s) State of U.P. .....Opposite Party(s)
report, the deceased sustained single injury on his head; in the statements of independent witnesses, namely, Vivek, Shishpal and Pradeep, specific role of assault on the head of the deceased has been assigned to co-accused Rahul. A vague and general role has been assigned to the applicant.
Further, the applicant has no criminal antecedents and has remained confined for more than five months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Hardeep, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 9, 2025 Manish Kr BAIL No. 25359 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad