Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69490 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40311 of 2024 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that applicant is named along with one other accused-Murat. The F.I.R. was lodged by the Sub Inspector of police station concerned alleging that when he reached at the home of one Manesh to serve him non bailable warrant issued by the court concerned, two-three persons met him, when he inquired about Manesh then one person told him that he is that person. One Murat who was also present there also assured him that, that person is Manesh, but Murat and arrested person had not told his real name. Thereafter, village Pradhan informed him that arrested person is the present applicant. Learned counsel further submits that there is no mention in the F.I.R regarding date and time of said occurrence and where that occurrence took place. The applicant has falsely been implicated due to party-bandi and village rivalry. The applicant has a criminal history of five cases, and that has been explained. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since
22.08.2022.
3. Learned A.G.A. for the State has opposed the prayer for bail.
4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
5. Let the applicant-Subhash, be enlarged on bail in Case Crime No. 362 of 2018 under Sections 419, 420, 467, 468, 471, 193 I.P.C., Police Station- Nebuwa Naurangiya, District- Kushinagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 1.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad