Harveer vs State of U.P.

Neutral Citation No. - 2025:AHC:41585

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9410 of 2025

Applicant :- Harveer Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohammad Nadeem, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 310 of 2024, under Sections 103(1), 109(1), 3(5) B.N.S., Police Station Gunnaur, District Sambhal during pendency of the trial.

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FIR of the present case was lodged on 31.10.2024 against applicant and three others and according to the FIR on 31.10.2024 at about 8.00 AM in the morning applicant and other accused persons made assault and due to the assault made by them brother and father of the informant sustained injuries and due to the injuries subsequently his father died.

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Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter. He further submits, actually it is a case in which informant side was the real aggressor and due to the assault made by the informant side from the side of applicant two persons sustained injuries and it appears, in the incident deceased also sustained injuries and died and injury reports from the side of applicant have been annexed along with instant bail application.

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He further submits, from the post mortem it reflects, however, deceased sustained four injuries but injury no. 1 was traumatic swelling on his head and it appears, due to this injury he died and it reflects, during free fight he sustained this injury, therefore, applicant cannot be held liable for the death of the deceased.

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He further submits, from the side of applicant also FIR was lodged however same was lodged through an application under

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Section 175(4) B.N.S.S. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.12.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that only general role has been assigned to all the accused and from the side of applicant also two persons sustained injuries and from the side of applicant also a FIR was lodged.

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

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However, as per allegation, due to the assault made by the applicant and four others, brother of the informant and his father sustained injuries and subsequently his father died but it reflects, from the side of applicant also two persons sustained injuries and from his side also a FIR was lodged against the informant side.

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Further, considering the facts of the case and post mortem of the deceased, the argument advanced by learned counsel for the applicant cannot be ruled out at this stage.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 23.12.2024.

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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 - Harveer 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

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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 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 :- 21.3.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Harveer v. State of U.P.

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Harveer v. State of U.P.

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