Kuldeep Vs State of U.P.

Neutral Citation No. - 2025:AHC:117432

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20241 of 2025

Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Heard Sri Saksham Srivastava, learned counsel for the applicant and Sri Amrit Raj Chaurasiya, learned A.G.A. for the State and perused the material available on record.

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Applicant seeks bail in Case Crime No. 140 of 2025, under Sections 109(1), 125(a) of B.N.S., Police Station - Tappal, District - Aligarh, during the pendency of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the allegation of causing single fire arm injury has been made against two persons including the applicant. The first information report has been lodged after a delay of two days and injury itself was caused on non vital part. It is further submitted that co-accused Prashant Urf Chhotu has already been granted bail by co-ordinate Bench of this Court vide order dated 11.06.2025 passed in Criminal Misc. Bail Application No. 17350 of 2025. The applicant is a law abiding citizen and is languishing in jail since 15.03.2025. Applicant has criminal history of four cases which has been properly explained in the accompanied affidavit as well as in supplementary affidavit. In case, they are granted bail, they 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

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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- Kuldeep , 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 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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