Allahabad High Court
Arjun vs State Of U.P. on 6 June, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Reserved on 30.05.2025 Delivered on 06.06.2025 Neutral Citation No. - 2025:AHC:95757 In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2388 of 2025 Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Inder Pal Singh Tomar,Krishna Kumar,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
1. Heard Sri I.P.S. Tomar, learned counsel for the applicant; Sri Abhishek Srivastava, Advocate holding brief of Sri Ashok Tomar Singh, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant, Arjun with a prayer to release him on bail in Case Crime No. 218 of 2023, under Sections 147, 148, 149, 302, 120-B, 504, 506 IPC, Police Station Godha, District- Aligarh, during pendency of trial.
3. The prosecution case as per F.I.R. dated 14.07.2023 is that on 13.07.2023 at about 07:00 P.M., brother of informant, Narendra Singh, went to his shop from his house. In his shop his mother Beena Devi, wife Gayatri Devi, daughter Anjali and Prachi were present. Then the applicant and his brother Karan, Ankit, his mother Sonia, Arvind and Deepu Pandit along with 2-3 unknown persons came armed with weapons and on the exhortation of co-accused,Sonia Pradhan, the applicant, co-accused, Karan, Ankit and Anu fired on the brother of the informant with country made pistols and pistols in their hands..
4. The Learned Counsel for the applicant submits that co-accused, Sonia Pradhan and Deepu Pandit, have already been enlarged on bail.
5. Co-accused Arvind @ Anu @ Upendra have already been granted bail by Coordinate Bench of this Court vide Bail Application No.7573 of 2025. The applicant in jail since 07.02.2023.
4. The Learned A.G.A. has opposed the submission made by the learned counsel for the Applicant along with the learned counsel for the informant. He has submitted that there is clear motive of commission of alleged crime assigned to the applicant. He had been implicated by the eye witnesses. He has criminal history of 15 cases to his credit.
5. After hearing the rival submissions this court finds that co-accused, Ankit and Anu who were assigned common role with the applicant, have already been granted bail vide Bail Application Nos.7573 of 2025 and 15772 of 2025. Before the trial court 9 out of 20 prosecution witnesses have been examined. Trial will take time to conclude.
6. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant, Arjun involved in Case Crime No. 218 of 2023, under Sections 147, 148, 149, 302, 120-B, 504, 506 IPC, Police Station Godha, District- Aligarh 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.6.2025 Ruchi Agrahari / Manoj