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2025 DAILYLAW 9380 (ALL)

KULDEEP THAKUR v. STATE OF U.P.

BAIL/1954/2025 · 2025-03-19

Deepak Verma

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40930 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1954 of 2025 Applicant :- Kuldeep Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.,Ganesh Mani Hon'ble Deepak Verma,J. 1. Counter affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 802 of 2024, registered under Sections 352, 324(4), 109, 125, 131 BNS, Police Station Chakeri, District Kanpur Nagar, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Both the parties have lodged FIR. From applicant's side, four persons have sustained injuries. Injuries sustained by injured are simple in nature the same has been caused by hard and blunt object. Since, both the parties have lodged FIR on each other, at this stage, it cannot be said that which party is aggressor of the said incident. The applicant is languishing in jail since 07.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned counsel for the informant has opposed the bail prayer of the applicant but could not dispute the facts as raised by applicant's counsel. 6. 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. 7. Let the applicant, Kuldeep Thakur, 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. 8. 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