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2025 DAILYLAW 9270 (ALL)

BHULLAN v. STATE OF U.P.

BAIL/2019/2025 · 2025-03-19

Deepak Verma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:40951 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2019 of 2025 Applicant :- Bhullan Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaurasiya Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2.The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 117 of 2024, under Sections 147, 148, 149, 307, 429 I.P.C., Police Station-Chandpur, District-Bijnor, during the pendency of the trial. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Prior dispute exists between the applicant and the informant. As per allegations in the first information report, five persons including the applicant and two unknown persons are alleged to have fired at the informant. In the alleged incident, the informant has not received any injury. A vague and general role has been assigned to the applicant. Applicant has no previous criminal history. Applicant claims parity with co-accused, Furkan and Shamim, who have been granted bail by co-ordinate Bench of this Court vide orders dated 09.12.2024 and 27.11.2024. The applicant is in jail since 11.12.2024 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned counsel for the informant has opposed the bail prayer of the applicant but could not dispute the version of applicant's counsel. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Bhullan, who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad