Ajay Nishad Alias Bugga Vs State of U.P.

Neutral Citation No. - 2025:AHC:132900

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2283 of 2025

Applicant :- Ajay Nishad Alias Bugga Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.

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Hon'ble Avnish Saxena,J.

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The present bail application has been moved by the applicantaccused Ajay Nishad Alias Bugga for the offence punishable under Sections 191(2), 191(3), 109, 118(2) of B.N.S., and Section 7 of Criminal Law Amendment Act and Section 3/25 of Arms Act in Case Crime No. 570 of 2024, Police Station- Chakeri, DistrictKanpur Nagar.

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Sri Ganesh Mani Tripathi, learned counsel appears for the applicant submits that the applicant has been falsely implicated in the case by the informant along with other co-accused. It is alleged in the FIR that three named and 20-25 unnamed persons came and opened fire. The informant had tried to save himself by raising his left hand, he suffered injury on his finger. The charge sheet has been submitted on 20.11.2024. The case is not being committed so far. The FIR has been registered against three named accused and 20-25 unnamed persons to add gravity to the incident. The criminal history of eight cases has been explained in which accused is on bail. The applicant is languishing in jail since September, 2024 and the trial has not been commenced so far.

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Per contra, learned AGA has opposed the prayer for grant of bail and submitted that the charge sheet has been submitted against the accused. He further submits that the applicant is having criminal history and habitual offender. The main role has been assigned on the accused.

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This Court has taken into consideration the rival submissions made by the parties and perused the record.

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The record prima facie reveals that the FIR has been registered against three named and 20-25 unnamed persons. The charge sheet has been submitted against eight persons. The medico legal report

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reveals seven injuries. All are entry wounds of pellets. One in left hand finger, two in the elbow, one on the left clavicle, one in the mandible and two on the upper side of chest. The injuries are skin deep. One finger is cut. The time of incident is not disclosed. The FIR is registered at 8:34 pm, whereas the medico-legal is carried out at 12:03 am on 03.09.2024. The trial has not yet been commenced. The accused is in jail since September, 2024.

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Without touching the merit of the case, this bail application is allowed .

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Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

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The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

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Order Date :- 6.8.2025 Mini

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(Avnish Saxena,J.)

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Ajay Nishad Alias Bugga v. State of U.P.

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