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Neutral Citation No. - 2025:AHC:121789 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37093 of 2024 Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Durga Shanker Mishra,Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned
Additional
Government
Advocate representing the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0252 of 2024, under Sections 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kutubsher, District Saharanpur during the pendency of trial. 3-As per prosecution case, in brief, the F.I.R. was lodged on 30.08.2024 for the alleged offence under Sections 318(4), 338, 336(3), 340(2) B.N.S. against the applicant and as per the allegation of the prosecution, when the applicant tried to appear in the examination of Constable Civil Police, 2023, during bio metric investigation, his date of birth was found as 12.05.2003 whereas his actual date of birth is 12.07.1998. Hence, the applicant was found suspicion and arrested. 4-It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. Charge sheet has been submitted in this case on 13.11.2024, therefore, there is no possibility of tempering the prosecution witnesses. The applicant has no criminal history to his credit and is languishing in jail since 30.08.2024 and in case he is released on bail, he will not misuse the liberty of bail
and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the factum of the case as argued on behalf of applicant. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused,
submissions of the learned counsel for the parties and the detention period of the applicant, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant- Jitendra Singh, 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 before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 24.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad