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Neutral Citation No. - 2025:AHC:87357 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39353 of 2024 Applicant :- Bakhtawar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Giriraj Pandey,Ramajan Ahmad,Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 217 of 2024 under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) of BNS, Police Station - Shahi, District - Bareilly. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicants are innocent persons and have not committed any offence as alleged in the FIR. They have been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused persons namely Chanda Shah and Irsat Ali have already been granted bail by co-ordinate Bench of this Court vide orders dated 9.5.2025 and 15.4.2025, therefore, the applicants are also entitled to be released on bail on the ground of parity. The applicants are languishing in jail since
20.7.2024. It is also undertaken on behalf of the applicants that they shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicants. 4. Heard Sri Ramajan Ahmad, learned counsel for the applicant, Sri Om Prakash Mishra, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Chanda Shah and Irsat Ali have already been granted bail by this Court, without
expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicants - Bakhtawar, Israf @ Asraf and Asid, who are involved in the aforementioned case crime be released on bail on their furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand - separately) 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 applicants shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad