Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20511 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2731 of 2025 Applicant :- Anakhpal Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav Hon'ble Sameer Jain,J.
1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant, Sri Radhey Shyam Yadav, learned counsel for the informant and Sri Shatrughan Yadav, learned A.G.A. for the State- respondent.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 141 of 2024, under Sections 191(2), 115(2), 352, 351(2), 105 BNS, Police Station- Jahanganj, District- Farrukhabad, during pendency of the trial.
3. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with several others including co-accused Shiv Kumar and Mohan Lal and both co-accused Shiv Kumar and Mohan Lal have already been released on bail by this court vide orders dated 17.01.2025 and 07.02.2025 passed in Criminal Misc. Bail Application Nos. 46761 of 2024 and 47461 of 2024 respectively and on facts case of applicant is almost at par with them except the fact that as per allegation when applicant was arrested then on his pointing out wooden stick was recovered.
4. He further submits, applicant is not having any criminal history and in the the present matter he is in jail since 27.08.2024.
5. Per contra, learned AGA as well as learned counsel for the informant 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
parties and the fact that almost similarly placed two co-accused Shiv Kumar and Mohan Lal have already been released on bail by this court with detailed orders and applicant is not having any criminal history and he is in jail since 27.08.2024, 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 -Anakhpal 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 :- 13.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad