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Neutral Citation No. - 2025:AHC:36398 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47527 of 2024 Applicant :- Raju And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pal Singh Gaur,Suman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Mahendra Pal Singh Gaur, learned counsel for the applicants, Shri Ajay Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Rau and Vikas, seeking enlargement on bail in Case Crime No. 184 of 2024, under Sections 147, 148, 149, 332, 353, 186, 189, 225, 333, 342, 504, 506 IPC, Police Station- Pakwada, District- Moradabad. 3. Learned counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
25.09.2024. It is submitted that similarly placed co-accused, Smt. Gunjan, has already been enlarged on bail of by coordinate Bench of this Court by order dated 30.07.2024 passed in Criminal Misc. Bail Application No. 27775 of 2024, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Smt. Gunjan, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Raju and Vikas involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the
like amount to the satisfaction of the court concerned, subject to the following conditions:
1.
The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 8. The applicants will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 11.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad