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2025 DAILYLAW 13228 (ALL)

ANISH ALIAS BALWANT AND ANOTHER v. STATE OF U.P.

BAIL/3162/2025 · 2025-03-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37429 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3162 of 2025 Applicant :- Anish Alias Balwant And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Yadav,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Jai Prakash Rao,Rajesh Kumar Srivastava Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants Anish @ Balwant & Manish with a prayer to release them on bail in Case Crime No.250 of 2024, under Sections 191(2), 115(2), 352, 351(2), 333, 74, 117(2), 109 B.N.S., P.S. Bhimpura, District Ballia during pendency of the trial. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Both the parties have lodged FIR against each other and received injuries. From the statement of the witnesses, general role have been assigned to all the accused persons. Learned counsel for the applicants next submits co-accused Gyanendra and Nand Lal have been granted bail by coordinate Bench of this Court by order dated 04.02.2025. Applicants' case is similar with co- accused, who have been granted bail by coordinate Bench of this Court. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not previous convict. The applicants are languishing in jail since 11.12.2024 and in case they are enlarged on bail they will not misuse the liberty of bail. 4. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicants but could not dispute the parity as claimed by the applicants with other co-accused. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 6. Let the applicants, Anish @ Balwant & Manish, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad