Girish Vs State of U.P.

Neutral Citation No. - 2025:AHC:75097

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15524 of 2025

Applicant :- Girish Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 333 of 2024, under Sections 109 (1), 118 (1), 115(2), 352, 351(2), 333 of B.N.S., Police Station Junawai, District Sambhal.

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Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that he has no previous criminal antecedents. He is languishing in jail since 17.03.2025. It is further submitted that there are no specific role assigned to the applicant to cause injury to the injured person. It is further submitted that five persons were injured in the said incident from the informant side. Out of five, four were sustained injuries in simple in nature and one had sustained injured frontal bone but the said injuries is not danger to life. It is further submitted that after completion of investigation charge sheet has been filed on 08.04.2025 and cognizance has been taken by the Court concerned on 25.05.2025. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail.

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Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as

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material placed on record.

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It is admitted fact that charge sheet has already been filed after completion of investigation. Cognizance has been taken by the Court concerned. As per injury report, injuries are simple in nature. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses.

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Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

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Let the applicant- Girish , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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Order Date :- 8.5.2025 Sanjeet

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad

Girish v. State of U.P.

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