Vivek Vs State of U.P.

Heard Sri Brijesh Kumar, Advocate, holding brief of Mr. Sunil Kumar, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 111 of 2025, under Sections 109(1) and 352 of the BNS, Police Station- Anoopshahar, District Bulandshahar.

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Contention of learned counsel for the applicant is that specific role for causing firearm injury has been assigned to Kuldeep who has already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.32217 of 2025 vide order dated 19.09.2025. Therefore, he is seeking parity of the order aforesaid. It is further submitted that no specific role has been assigned to the applicant for causing any firearm injury to the injured. The applicant has no criminal history and he is languishing in jail since 16.03.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. 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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Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and the main accused Kuldeep

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BAIL No. 28286 of 2025

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who has already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.32217 of 2025 vide order dated 19.09.2025 and no specific role has been assigned to the applicant for causing firearm injury 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- Vivek 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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