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Neutral Citation No. - 2025:AHC:11236 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46179 of 2024 Applicant :- Golu @ Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 334 of 2022 at Police Station- Nebua Naurangiya, District- Kushinagar under Sections 147, 323, 504, 506, 427, 325, 307 IPC. The applicant is in jail since 21.11.2024. The bail application of the applicant was rejected by the learned trial court on 07.12.2024. The following arguments made by Ms. Shweta Nishad,
learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
1. As per the FIR fourteen accused persons including the applicant had assaulted six individuals.
2. A vague and a general role has been assigned to the applicant in the FIR.
3. The parties have civil claims against each other.
4. The criminal proceedings are being leveraged in the civil claim made by the first informant and his party.
5. The applicant claims congruency in role and seeks parity in relief granted to the co-accused Jangi Sahani and Ramavati Devi who have been enlarged on bail by this Court by orders dated 24.02.2023 & 19.01.2023 in Criminal Misc. Bail Applications No. 819 of 2023 and 59760 of 2022 respectively.
6. The applicant does not have any criminal history apart from this case.
7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Golu @ Bholu be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant.
Order Date :- 22.1.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad