Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20741 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2862 of 2025 Applicant :- Jatin Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 344 of 2024, under Sections 309(6), 103, 238, 317(2) B.N.S., Police Station Jalesar, District Etah during pendency of the trial.
3. Learned counsel for the applicant submits, applicant was not named in the FIR and during investigation he has been made accused along with co-accused Kanhaiya and after considering the entire facts of the case, co-accused Kanhaiya has already been released on bail today by this Court vide Criminal Misc. Bail Application No. 2833 of 2025 and on facts case of applicant is at par with him.
4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 13.09.2024.
5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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 fact that it is a case of circumstantial evidence and during investigation applicant has been made accused in he present matter along with co-accused Kanhaiya and with a detailed
order co-accused Kanhaiya has been released on bail by this Court and on facts, case of applicant is at par with him and applicant is not having any criminal history and in the present matter he is in
jail since 13.09.2024, 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 - Jatin 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad