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2025 DAILYLAW 9639 (ALL)

DURGA PRASAD v. STATE OF U.P.

BAIL/2929/2025 · 2025-05-01

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70073 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2929 of 2025 Applicant :- Durga Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named along with three other accused persons. The allegation made in the F.I.R. is that all the accused persons assaulted the son of the informant by spade and wooden baton, on account of which he sustained serious injuries. Learned counsel further submits that the injured in his statement has made general allegation against all the accused and no specific allegation has been made against the applicant. Learned counsel further submits that the alleged incident was occurred on 29.03.2021, he was examined on the same day and as per the statement of doctor the injured was discharged on 05.04.2021. One co-accused Ajay Kushwaha alias Lalit alas Ankit Kushwaha has already been enlarged on bail one same set of evidence, therefore applicant may also be enlarged on bail on the ground of parity. 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 29.10.2024, with no criminal history. 3. Though, the learned A.G.A. for the State has opposed the prayer for bail but he has not disputed that general allegation has been made against the applicant and no specific allegation has been made against him. 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-Durga Prasad, be enlarged on bail in Case Crime No. 132 of 2021, under Section 307 I.P.C., Police Station- Govind Nagar, District- Kanpur Nagar, 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. Order Date :- 2.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad