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2025 DAILYLAW 11121 (ALL)

AJAY KUMAR v. STATE OF U.P.

BAIL/2592/2025 · 2025-02-26

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27444 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2592 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2024, under Sections 103(1), 3(5) & 61(2) BNS, Police Station Kakor, District Bulandshahar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation on the basis of suspicion with the aid of section 61(2) BNS, applicant has been made accused in the present matter alongwith informant of the case i.e. co-accused Arun and after considering entire facts of the case, co- accused Arun has been released on bail by this Court vide order dated 27.2.2025 passed in Crl. Misc. Bail Application No. 2553 of 2025 and applicant is brother in law of Arun and his case is on better footing than him. 4. He further submitted that apart from the present case, applicant is having no criminal history and in the present matter, he is in jail since 13.8.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Arun who was informant of the case has already been released on bail by this Court and case of applicant appears to be on better footing than him and applicant is having no criminal history and in the present matter, applicant is in jail since 13.8.2024 i.e. for last more than six months, in my view, applicant is 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 applicant-Ajay Kumar, 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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 applicant 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 applicant. 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 :- 27.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad