Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 100638 (ALL)

MAHESH KUMAR v. STATE OF U.P.

BAIL/36785/2024 · 2025-03-16

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:37162 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36785 of 2024 Applicant :- Mahesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gajendra Kumar Gautam Counsel for Opposite Party :- Abhishek Tiwari,Chandra Nath Bhatt,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 353 of 2023, registered under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Muradnagar, District- Ghaziabad, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a civil nature dispute. Allegation alleged in the first information report is false & baseless and without support of any cogent evidence. Prima facie, no offence under alleged sections is made out against the applicant. Applicant is languishing in jail since 21.07.2023 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail prayer of the applicant and submitted that, prima facie, offence is made out against the applicant. Hence, applicant should not be released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 6. Let the applicant- Mahesh Kumar, who is involved in the aforesaid case crime, 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 prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad