Azad Singh vs State Of U.P. Thru. Addl. Chief Secy. ...

Jaibind Singh Rathour, Abhitendra Singh, Deep Tiwari, Yogendra Pratap Singh

Counsel for Opposite Party(s)

:

G.A.

Court No. - 28

HON'BLE RAJEEV BHARTI, J. 1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

3. This is first bail application filed on behalf of the applicant who is involved in Case Crime No.0111/2026, under Sections 109(1) and 351(3) of B.N.S., Police Station- Bachrawan, District- Raebareli.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that during investigation, statement of complainant under Section 180 B.N.S.S. has been recorded, which does not properly corroborates the prosecution story. He further submits that according to supplementary medical report, in x-ray "right fore arm fracture ulna bone seen".

5. Learned counsel further submits that the applicant is having no previous criminal history and he is in jail since 30.03.2026. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Hence, the applicant may be granted bail.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. On due consideration to the facts that the applicant is languishing in jail since 30.03.2026 having no criminal history; the statement of the complainant, recorded under Section 180 B.N.S.S., does not properly corroborates the prosecution story; according to supplementary medical report, in x-ray right fore arm fracture ulna bone seen and without entering into the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.

8. Accordingly, the bail application is allowed.

9. Let the applicant Azad Singh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

(Rajeev Bharti,J.)

May 6, 2026

Anand/-