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2025 DAILYLAW 9254 (ALL)

SAVEZ v. STATE OF U.P.

BAIL/1915/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 1915 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri Sadrul Islam Jafri, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.1150 of 2024, under Sections 191(2), 118, 109, 61(2) B.N.S., Police Station- Kavinagar, District Ghaziabad. 3. Contention of learned counsel for the applicant is that in the FIR, general allegations have been made against five accused persons including the applicant. It is further submitted that the injured Neeraj, in his statement recorded under Section 161 Cr.P.C., has made specific allegation against the applicant and stated that because of petty dispute the applicant became excited and attacked with danda which hit on his head. He further submitted that all the accused persons have been enlarged on bail except the applicant. Present applicant is student and he is in jail since 23.11.2024 having no criminal history. It is further submitted that from bare perusal of the report of the injured, it is clear that alleged injury was caused by single blow which does not make out an offence under Section 109 BNS but rather under Section 110 BNS which is punishable up to 7 years. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned AGA vehemently opposed the prayer for bail but could Versus Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s) : G.A. Savez .....Applicant(s) State of U.P. .....Opposite Party(s) not dispute the seriousness of injuries as well as above facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the applicant is student and he has already undergone about one year in jail and all accused persons have already been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Savez involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 A.Kr. BAIL No. 1915 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad