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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31729 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard Shri Ajmal Hashim Siddiqui, Advocate, holding brief of Shri Birendra Singh, learned counsel for the applicants, learned A.G.A. for the State, Shri Om Prakash Mishra, learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicants submits that the F.I.R. was lodged against tern persons including these two applicants. Allegations made in the F.I.R. is to the effect that on account of land dispute all the named accused while firing shots indiscriminately with rifle and country made pistols also assaulted the informant's side with lathi-danda on account of which four persons sustained grievous injuries. Learned counsel further submits that there is no firearm weapon injury to any of the injured. Learned counsel further submits that both sides lodged F.I.R. against each other for the same occurrence and there are also injuries from the side of applicants. The instant F.I.R. was lodged on 18.01.2021 whereas the applicants side lodged F.I.R. promptly. It cannot be said which party was the aggressor. In the alleged incident from the side of applicants one person Ajeet Singh also sustained injuries and died while he was taking to the hospital, but in the F.I.R. he has also been named. Learned counsel further submits that there is no injury on the vital parts. Two other accused, Ankit Singh and Jagveer Singh have also been enlarged on bail by this Court. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that criminal history of both the accused has been explained in paras-32 & 33 of the affidavit filed in support of the bail application as well as in paras-3 & 4 of the supplementary affidavit dated 12.09.2025.
Versus Counsel for Applicant(s) : Birendra Singh, Swati Singh Counsel for Opposite Party(s) : G.A., Om Prakash Mishra Abhay Pratap Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
Applicants are in jail since 01.09.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail of the applicants by contending that both the applicants have a long criminal history, therefore, they do not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Abhay Pratap Singh and Chhatrapal Singh, be enlarged on bail in Case Crime No. 15 of 2021, under Sections 147, 148, 149, 323, 324, 504, 506, 325, 308, 427 I.P.C., Police Station- Girwa, District- Banda, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 16, 2025 Mustaqeem. BAIL No. 31729 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad