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2025 DAILYLAW 112416 (ALL)

AMAN THANKUR ALIAS AMAN SINGH BORA v. STATE OF U.P.

BAIL/46624/2024 · 2025-02-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19961 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46624 of 2024 Applicant :- Aman Thankur Alias Aman Singh Bora Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Danish Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, earned AGA for the State and perused the record. 3. By means of this bail application, applicant seeks bail in Case Crime No.541 of 2024, under Sections 323, 506, 395, 397, 307 IPC, Police Station Majhola, District Moradabad during the pendency of trial. 4. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. FIR is lodged with the delay of eight days and no explanation is offered for such delay. Injuries sustained by injured are simple in nature. It is further submitted that no specific role has been assigned to the applicant. Only general role has been assigned to the applicant. It is further submitted that the co-accused Ritik Aanand, Arpit Madan, Nitin Saini @ Daivil, Aayush Rajpoot @ Aayush Gahlot and Yash Choudhary @ Yash Gurjar have already been granted bail by orders dated 18.10.2024, 25.9.2024, 11.9.2024, 5.9.2024 and 30.08.2024 passed by the coordinate Bench of this Court in Criminal Misc. Bail Application Nos.37947 of 2024, 35677 of 2024, 32671 of 2024, 33023 of 2024 and 31875 of 2024. It is further submitted that he is languishing in jail since 9.9.2024 In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. The prayer for bail has been vehemently opposed by learned AGA. 6. Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant - Aman Thankur alias Aman Singh Bora involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad