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2025 DAILYLAW 110766 (ALL)

ARVIND AND 2 OTHERS v. STATE OF U.P.

BAIL/45485/2024 · 2025-01-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:3418 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45485 of 2024 Applicant :- Arvind And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.,Roopesh Kumar Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Hari Bans Singh, learned counsel for the applicants; Sri Roopesh Kumar Mishra, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Sessions Case No. 2843 of 2023, under Sections 395, 427 IPC, Police Station Bisauli, District Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that applicants have been summoned in the present case on the basis of criminal complaint alongwith co-accused Suresh and Kunwar Pal and after considering entire facts of the case, both co-accused Suresh and Kunwar Pal have been released on bail by this Court and their bail orders have been annexed as annexure-8 to the affidavit and on facts, case of applicants are at par with them. 4. He further submitted that applicants are having no criminal history and in the present matter, applicants are in jail since 21.11.2024. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the fact that applicants have been summoned in a complaint case and similarly placed two co-accused Suresh and Kunwar Pal have already been released on bail by this Court and applicants are having no criminal history and in the present matter, they are in jail since 21.11.2024, in my view, applicants are entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicants-Arvind, Ram Khiladi and Rajendra, 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 their 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 their 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. 10. 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. 11. 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 :- 8.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad