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2025 DAILYLAW 112040 (ALL)

AKEEL AND ANOTHER v. STATE OF U.P. AND ANOTHER

BAIL/47288/2024 · 2025-03-02

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30607 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47288 of 2024 Applicant :- Akeel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicants seeking enlargement on bail in Case Crime No. 419 of 2024, under Section 136 of the Electricity Act, Police Station Jawan, District Aligarh. Learned counsel for the applicant argued that the accused- applicants are innocent and they have been falsely implicated in this case crime number. Learned counsel for the applicants submits that the applicants work as a scrap dealer along with his associate. After stealing the electrical goods they sell them and share the money among themselves. Learned counsel for the applicants further submits that the applicants are not named in the FIR and they have been falsely implicated in the present case. No articles have been recovered from the possession of the applicant. There is no independent eye-witness of the alleged offence. The Applicant No. 1 is languishing in jail since 13.11.2024 and the Applicant No. 2 is languishing in jail since 28.11.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co- accused Zafar has been granted bail by this Court vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No. 9 of 2025, therefore, applicant is also entitled to be released on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. He further submits that the applicant is a professional thief and if he is released on bail, he will again indulge in such activities. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicants, Akeel and Meenaj, 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. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. 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 :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad