Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41748 of 2024 Court No. - 70 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 the applicant is named in the F.I.R. along with one named and one unknown person. The allegation is that the applicant was arrested on the spot while he entered into the house of informant for committing theft. False allegation has been made against the applicant that he entered into the house of informant for committing theft. The applicant had gone to the home of informant for demanding his money which was given by him to the informant earlier, but he has been caught by the informant and handed over to the police and has been made accused. There is no recovery of any incriminating article on the pointing out of the applicant and if such recovery is made the same has been implanted upon the applicant. 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 there is one case into the credit of applicant in which he is on bail. The applicant is in jail since 01.09.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on Versus Counsel for Applicant(s) : Ganesh Pratap Singh, Md. Muzzammil.I.Qureshi, Mohd Sakib, Rumana Khatoon Counsel for Opposite Party(s) : G.A. Raheesh Ahmad @ Kallu .....Applicant(s) State of U.P. .....Opposite Party(s)
merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed. 5. Let the applicant-Raheesh Ahmad @ Kallu, be enlarged on bail in Case Crime No. 584 of 2024, under Section 331(4) of B.N.S., Police Station- Bhojipura, District- Bareilly, 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. October 6, 2025 Mustaqeem. BAIL No. 41748 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad