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Neutral Citation No. - 2025:AHC:50029 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41809 of 2024 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi,Shashi Bhushan Tripathi Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41225 of 2024 Applicant :- Aakash Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi,Shashi Bhushan Tripathi Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma Hon'ble Sameer Jain,J.
1. Both these connected matters arose from the same FIR, therefore, they are being disposed of by the common order. 2. Heard Sri Janardan Prasad Tripathi, learned counsel for the applicants, Sri Prashant Sharma, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 273 of 2024, under Sections 103(1), 191(2), 190 BNS, Police Station- Hathras Junction, District- Hathras, during pendency of the trial in the court below. 4. Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter along with several others including co-accused Totaram and after considering entire facts of the case in detail, co-accused Totaram has been released on bail by this Court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 41631
of 2024 and on facts, case of applicants is at par with him. 5. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 10.08.2024 i.e. for last more than seven months. 6. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that co-accused Totaram has already been released on bail and on facts, case of applicant is at par with him. They further could not dispute the fact that applicants are not having any criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8.
Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Totaram has already been released on bail and applicants are not having any criminal history and they are in jail in the present matter since August, 2024 i.e. for last more than seven months, in my view applicants are entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicants- Sanjay and Aakash 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity.
11. 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 applicants.
12. 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 :- 7.4.2025 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