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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34084 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the applicant and learned AGA for the State- respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicant, Rahul Sharma seeking enlargement on bail in Case Crime No. 556 of 2025, under Sections 318(4), 351(2), 61(2), 308(5), 317(2) of B.N.S. Police Station- Civil Lines, District- Moradabad. 3. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged in the First Information Report. It has further been submitted that a common role is assigned to the applicant as well as other co-accused persons. During investigation Rs. 50,000/- is said to have been recovered from the joint possession of the applicant and other co- accused persons. It has further submitted that co-accused Rani and Radheshyam having identical role have already been released on bail by a coordinate Bench of this court vide orders dated 26.09.2025 and 06.10.2025 in Crl. Misc. Bail Application Nos. 32324 of 2025 and 33773 of 2025 respectively. It has further been submitted that there is criminal history of 18 cases to the credit of the applicant which has been explained in supplementary affidavit. It is argued that charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is further argued that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail and submitted that there is criminal history of 18 cases to the credit of the applicant. 5. Considering the fact that the accused applicant is in jail since 23.07.2025; co-accused Rani and Radheyshyam having identical role have already been enlarged on bail by this Court; the nature of accusations, severity of the Versus Counsel for Applicant(s) : Deepak Singh, G.S. Chauhan Counsel for Opposite Party(s) : G.A. Rahul Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicant, Rahul Sharma involved in above mentioned case crime number be released on bail, on his executing a personal bond and two heavy sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 27, 2025 Gss BAIL No. 34084 of 2025 2 (Santosh Rai,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad