Naveen Vs State of U.P.

Neutral Citation No. - 2025:AHC:119423

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20869 of 2025

Applicant :- Naveen Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Sapna Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Amit Daga, learned counsel for the applicant and Shri Purshottam Muarya, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Naveen with a prayer to enlarge him on bail in Case Crime No. 231 of 2025, under Sections 317(2), 309(6), 111 B.N.S., Police Station Surajpur, District-Gautam Buddh Nagar, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The applicant is languishing in jail since 02.05.2025. First Information Report has been lodged on 23.04.2025, with the allegation that on an information of informer the police party reached at the place of incident and tried to arrest the applicant and other co-accused persons, the applicant and other co-accused persons opened fire on the police party and the informant and other police personnels anyhow saved themselves and in retaliation the co-accused persons sustained gun shot injuries and were arrested by the police, whereas, the applicant was arrested by the police by chasing. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol from the possession of the applicant is planted one. Learned counsel for the applicant submits that the real fact is that the applicant was arrested from his house and has been falsely implicated in the present case. He further submits that the applicant is nothing to do with the allegations leveled against him as there is no cogent and concrete evidence on record. He further submits that the applicant has no previous criminal history. However, after implicating the applicant in the present case subsequently he has been implicated in three other

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cases which has been explained in paragraph no. 4 of the supplementary affidavit filed today. He further submits that Section 111 B.N.S. is not made out against the applicant as prior to alleged arrest dated 02.05.2025 the applicant was neither challaned nor charge sheeted in any criminal case and all the charge sheets have been submitted by the police, against the applicant, after his arrest in the present case case on 02.05.2025. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant was arrested on the spot and there is recovery of country made pistol from the possession of the applicant.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant-Naveen, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 22.7.2025 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Naveen v. State of U.P.

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