Allahabad High Court
NEERAJ ALIAS NEERUversusSTATE OF U.P.
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court allowed the bail application, granting bail to the accused with conditions.
Summary
The High Court considered a second bail application filed by Neeraj alias Neeru, who is accused in Crime No.148 of 2023 under IPC sections 307, 506, 34 and Arms Act sections 3, 25, 27. The first bail plea was dismissed for lack of prosecution, and the applicant argued that he was falsely implicated, that the injuries to the complainant were non‑fatal, and that he had been in custody since June 2023, amounting to an unreasonable pre‑trial detention. The State opposed bail, contending that the injury was caused by a gunshot to a vital part of the body. After evaluating the nature of the offences, the evidence, the length of detention and the applicant’s assurances, the Court held that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties and conditions to ensure cooperation with the trial, non‑tampering with evidence and non‑engagement in further criminal activity.
Issues considered
- Whether bail should be granted to an accused charged with attempt to murder, criminal intimidation and offences under the Arms Act despite the seriousness of the charges.
- Whether the length of pre‑trial detention and alleged false implication justify the grant of bail.
- Whether the risk of evidence tampering or further criminal activity warrants denial of bail.
Legislation cited
- Arms Act — s. 25, 27, 3
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 307, 34, 506
Subjects
- bail
- Criminal Procedure Code
- IPC 307
- IPC 506
- Arms Act
- pre‑trial detention
- false implication
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43613 of 2024
Neeraj Alias Neeru
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Haya Rizvi, Ramesh Pundir, Rekha
Pundir, Sunil Vashisth
Counsel for Opposite Party(s) : G.A., Rajesh K.S. Chaudhary
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is second bail application.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material placed on record.
3. The first bail application being Criminal Misc. Bail Application No. 4566 of
2024 was dismissed on 30.7.2024 and following order was passed;
"List revised. No one is present on behalf of applicant to press the
bail application.
Sri Rajesh K.S.Chaudhary, Advocate is present for the informant.
The bail application is dismissed for want of prosecution."
4. By means of the present bail application, applicant who is involved in Case
Crime No. 148 of 2023 under Sections 307/506/34 IPC and 3/25/27 of Arms
Act, Police Station- Gaunda, District- Aligarh seeks enlargement on bail,
during the pendency of trial.
5. Learned counsel for the applicant has contended that the applicant has
been falsely implicated in the present case due to partibandi. It is next
contended that the complainant alongwith three injured persons have already
been examined in the matter and injury reports shows that the injury is not
fatal and not on the vital part. It is lastly contended that the applicant is
languishing in jail since 16.6.2023 and almost three years have elapsed and,
as such, applicant is entitled to be released on bail and he will not misuse the
liberty of bail.
6. Learned A.G.A. appearing for the State has vehemently opposed the bail
BAIL No. 43613 of 2024
2
application by submitting that injury report reveals that the injury was caused
by gun-shot which is on vital part of the body.
7. Considering the facts and circumstances of the case as well as keeping in
view the nature of the offence, evidence, complicity of the accused and
submissions of learned counsel for the parties, this Court finds that the
applicant has made out a case for bail. Hence, the bail application is hereby
allowed.
8. Let the applicant- Neeraj @ Neeru, be released on bail in the aforesaid
case crime number on furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions, which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of
the trial and shall regularly attend the court unless inevitable.
(ii) That 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.
(iii) That after his release, the applicant shall not involve in any
criminal activity.
(iv) The identity, status and residential proof of sureties will be
verified by court concerned.
9. In case of breach of any of the conditions mentioned above, court
concerned will be at liberty to cancel the bail.
March 19, 2026
Shekhar
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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