Allowed

Boudh Saran Alias Buddha v. State of U.P.

Allahabad HC3 Mar 2025BAIL/7307/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail granted; CRIMINAL MISC. BAIL APPLICATION No. 7307 of 2025; applicant Boudh Saran Alias Buddha; Case Crime No. 328 of 2024; Sections 309(6), 317(2) B.N.S.; Police Station Shergarh; District Bareilly; not named in FIR; confessional statement of co-accused Bhupendra; recovery of country-made pistol without independent witness; no criminal antecedents; in jail since 11.01.202

What did the court decide?

Applicant Boudh Saran Alias Buddha ordered released/enlarged on bail in Case Crime No. 328 of 2024 (Sections 309(6), 317(2) B.N.S.) on furnishing a personal bond and two sureties each in the like amou

Boudh Saran Alias Buddha vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:114245

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7307 of 2025

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Applicant :- Boudh Saran Alias Buddha Opposite Party :- State of U.P. Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Darwari Lal, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 328 of 2024, under Sections 309(6), 317(2) B.N.S., Police Station- Shergarh, District- Bareilly, during the pendency of the trial.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He was not named in the F.I.R. Subsequently, his name came up in the confessional statement of co-accused, Bhupendra and thereafter, the police has also shown recovery of one country-made pistol from the possession of the applicant though there is no independent witness of the said recovery. It is further submitted that the applicant has no criminal antecedents to his credit. The applicant is a law abiding citizen and he is languishing in jail since 11.01.2025. 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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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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- Boudh Saran Alias Buddha 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.7.2025 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Boudh Saran Alias Buddha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Boudh Saran Alias Buddha v. State of U.P.

Case brief

What is this about?

What did the court decide?

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