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2025 DAILYLAW 17561 (ALL)

SURAJ v. STATE OF U.P.

BAIL/4780/2025 · 2025-04-30

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68802 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4780 of 2025 Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan,Ankit Srivastava,Ch. Dil Nisar Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari,Ritesh Rai Hon'ble Sameer Jain,J. 1. Heard Sri A.Z.Khan, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. None present on behalf of the informant even in the revised call. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 285 of 2024, under Sections 191(2), 191(3), 109, 103(1), 333, 115(2), 352, 351(3) BNS, Police Station Nagal, District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations applicant has been made accused in the present matter alongwith several others including co-accused Amit, Anuj, Satish, Ravindra and Arjun and after considering entire facts of the case, all the above five co-accused have been released on bail by this Court vide orders dated 19.2.2025, 12.3.2025 and 22.4.2025 passed in Crl. Misc. Bail Application Nos. 1526 of 2025, 8613 of 2025, 8677 of 2025, 5459 of 2025 and 4331 of 2025, respectively and on facts, case of applicant is at par with them. 4. He further submitted that even from the record, it reflects that principal accused who caused injury to the deceased was co- accused Vikas. 5. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 5.10.2024 i.e for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed five co-accused persons have already been released on bail by this Court and applicant is having no criminal history and in the present matter, he is in jail since 5.10.2024 i.e for last more than six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Suraj, 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. 11. 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. 12. 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 :- 1.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad