Arjun Sahani @ Shriram Bholu v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46030 of 2023 Applicant :- Arjun Sahani @ Shriram Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2It is argued that the FIR in question arises out of a police party applicant in which no police personnel has sustained injury.

¶3It is also argued that the co-accused named in the FIR has been enlarged on bail vide order dated 6.10.2023 passed in Crl. Misc. Bail Application No. 40937 of 2023. The criminal antecedents of the applicant are duly explained in para 21 in the bail application.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that on the same allegation the co-accused has been enlarged on bail and no injury was inflicted on account of the alleged incident and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Arjun Sahani @ Shriram Bholu be released on bail in FIR/ Case Crime No. 199/2023, under Sections 307 IPC & 3/25 Arms Act, P.S. Pataherwa, District Kushi Nagar, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 7.11.2023 S.A. High Court of Judicature at Allahabad