Chandbabu Alias Gunnu Vs State of U.P.

Neutral Citation No. - 2025:AHC:31358

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7676 of 2025

Applicant :- Chandbabu Alias Gunnu Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Rai Sahab Yadav, learned Advocate filed his power on behalf of the informant which is taken on record.

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Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Rai Sahab Yadav, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.263 of 2024, under Section 103 (1) B.N.S., Police Station-Utarawan, District-Prayagraj, during pendency of the trial in the court below.

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Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to the murder of the son of the informant and during investigation it was revealed that son of the informant i.e. deceased was having relationship with the daughter of one Haider and thereafter Haider was made accused.

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It is further submitted that applicant has been made accused in the present matter through the statement of one witness Vimlesh Yadav and according to him co-accused Haider committed the murder of the deceased along with the applicant. He further submits admittedly, witness Vimlesh was not an eye witness.

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He further submits it is a case of circumstantial evidence and except the statement of the co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record and it appears only being relative of the co-accused Haider he has been made accused in the present matter.

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He further submitted that applicant is not having any criminal

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history and he is in jail in the present matter since 02.12.2024.

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Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it appears during investigation applicant has been made accused in the present matter but it reflects except the statement of the co-accused and confessional statement of the applicant there is no other evidence against the applicant on record and considering the fact that applicant is the relative of the co-accused Haider, the argument advanced by learned counsel for the applicant with regard to his false implication cannot be completely brushed aside at this stage.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 02.12.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Chandbabu Alias Gunnu be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this

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Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.3.2025 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Chandbabu Alias Gunnu v. State of U.P.

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