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2025 DAILYLAW 105901 (ALL)

HARIOM v. State of U.P.

BAIL/41155/2024 · 2025-01-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14346 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41155 of 2024 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Shambhu Mani Tripathi, Advocate, holding brief of Sri Ajay Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 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.67 of 2020, registered under Sections 498A, 304B, 201 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Jagner, District Agra 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. Learned counsel for the applicant next submits that co-accused Rohit @ Rohan Singh has been granted bail by this Court by order dated 13.09.2024. Applicant's case is similar with co-accused, who has been granted bail by this Court. The applicant is languishing in jail since 15.09.2024. 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. has opposed the bail prayer of the applicant but could not dispute that applicant case is not similar to co-accused, who has been granted bail by this Court. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the 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, Hari Om, 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 :- 31.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad