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Neutral Citation No. - 2025:AHC:6607 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44525 of 2024 Applicant :- Satish Singh Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Anish Kumar,Sunil Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Sunil Singh, 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. 26 of 2023, registered under Sections 34, 379, 413, 414 I.P.C., Police Station Phoolpur, District Azamgarh, during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the statement of co-accused Nihal Ahmad. The alleged recovery of battery is false, planted and not supported by any independent witness. Applicant has no concern with the alleged recovery. Further submission is that co-accused, namely, Nihal, Udham Chauhan, Santosh Gupta, Pradeep Pal @ Pappu, Manoj Kumar, Santosh Singh, Mithilesh Kumar and Surendra Maddheshiya @ Chhota have been granted bail by Co-ordinate Bench of this Court vide orders dated 20.07.2023, 27.04.2023, 16.05.2023, 12.05.2023, 17.04.2023, 20.03.2023, 03.07.2024, 29.07.2024 and 13.02.2024 respectively, and the case of the applicant stands on identical footing, hence he is entitled to be enlarged on bail on the ground of parity. The applicant has criminal history which has been explained in para-13 of the affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 02.02.2023 and in case, he is enlarged 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. 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, Satish Singh @ Chhotu, 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 :- 15.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad