Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 9377 (ALL)

DEENA NATH v. STATE OF U.P.

BAIL/2049/2025 · 2025-03-19

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40523 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2049 of 2025 Applicant :- Deena Nath Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Singh,Vivek Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 241 of 2024, registered under Sections 307, 504, 506, 457, 427 & 380 I.P.C., Police Station- C.B. Ganj, District- Bareilly, during pendency of the trial. 3. Allegation in the first information report is that co-accused, Sompal has fired, which hit nephew of the informant and rest of accused persons have opened air fire. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged after about 56 days through an application under Section 156(3) Cr.P.C. He next submitted that co-accused, Sompal has been granted bail by Co- ordinate Bench of this Court vide order dated 05.11.2024 passed in Criminal Misc. Bail Application No. 38311 of 2024. No specific role of firing has been assigned to the applicant. He further submitted that applicant case is on better footing than the case of co-accused, Sompal. Criminal history of the applicant has been explained in the bail application. The applicant is languishing in jail since 14.09.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 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, 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- Deena Nath, 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 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad