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Neutral Citation No. - 2025:AHC:29908 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37812 of 2024 Applicant :- Dhanveer Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Sameer Jain,J.
1. Heard Sri Alok Sharma, learned counsel for the applicant, Sri mahendra Singh, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 99 of 2024, under Sections 302/34 IPC, Police Station- Hazratpur, District- Budaun, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with three others including co-accused Umesh and after considering entire facts of the case in detail, co-accused Umesh has been released on bail by this Court vide
order dated 19.02.2025 passed in Criminal Misc. Bail Application No. 46380 of 2024 and on facts, case of applicant is at par with him.
4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.07.2024 i.e. for last more than seven months.
5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
6. I have heard learned counsel for the parties and perused the record of the case.
7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Umesh has already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 29.07.2024 i.e. for last more than seven
months, in my view applicant is entitled to be released on bail.
8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
9. Let the applicant- Dhanveer be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity.
10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 3.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad