Devendra @ Banta Vs State of U.P.

Neutral Citation No. - 2025:AHC:108704

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15353 of 2025

Applicant :- Devendra @ Banta Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Jai Prakash holding brief of Sri Vidya Prakash Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application has been filed to enlarge the applicant on bail in case crime No.1084 of 2010, under Section 307 I.P.C., P.S. Sihani Gate, District Ghaziabad.

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Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is case of firing upon police party. No one has suffered injury. Charges were framed in the year 2012. Thereafter on subsequent dates no witness was examined. It is further submitted that counsel for the applicant said to the applicant that whenever his presence was required, he would be informed but his counsel did not inform about order issuing N.B.W. against him. The police arrested the applicant.The applicant is a law abiding citizen and he is languishing in jail since 16.10.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Devendra @ Banta , involved in the aforementioned 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, with the following

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conditions:-

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i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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v. The applicant shall remain present before the court concerned on each and every date fixed. In absence of the applicant, the court is free to take action against him for his presence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 8.7.2025 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Devendra @ Banta v. State of U.P.

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