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2025 DAILYLAW 88134 (ALL)

CHAND v. STATE OF U.P.

BAIL/30607/2025 · 2025-09-14

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30607 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anand Prakash Dubey, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.373 of 2025, under Sections 109(1), 3(5) B.N.S., Police Station- Lohiyanagar, District- Meerut, during the pendency of trial. 4. As per prosecution story, the applicant alongwith three other accused persons is stated to have fired and caused gunshot injuries to the informant on 11.6.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The allegations are per se false. There is no time of offence mentioned in the FIR. 6. Learned counsel for the applicant has further stated that the injuries sustained by the injured person are not on vital parts of the body. There are general and omnibus allegations against four accused persons including the applicant. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 3.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anand Prakash Dubey, Prashant Kumar Dubey Counsel for Opposite Party(s) : G.A. Chand .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned A.G.A. 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, taking into consideration the fact that there are general and omnibus allegations against all the accused persons and no time of offence is mentioned in the FIR, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Chand, who is involved in aforementioned case crime be released on bail on his 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 applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant 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. September 15, 2025 Vikas Verma BAIL No. 30607 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad