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2025 DAILYLAW 190610 (ALL)

RUABUDDIN ALIAS BHOLA v. STATE OF U.P.

BAIL/37425/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37425 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. This is second bail application. The first bail application was dismissed as withdrawn on 28.08.2025 without hearing on merit. 2. Heard Sri Deepak Dubey, learned counsel for the applicant, Sri Deepak Singh Patel, learned counsel for the first informant and learned A.G.A. for the State. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.246 of 2025, under Sections 140(1), 232(2), 351(3) B.N.S., Police Station- Nawabganj, District Prayagraj. 4. Contention of learned counsel for the applicant is that initially the FIR was lodged against the applicant under Section 191(2), 351(2), 61(1)(a) of BNS regarding threatening the first informant for pursuing the another pending case between the parties. Thereafter statement of first informant under Section 180 BNSS was also recorded on 03.06.2025 in which story of abduction was also mentioned and on the basis of that statement Section 140(1) BNS was also added. It is further submitted that the applicant surrendered before the court below and applied for bail. The applicant was also granted bail on 08.07.2025 in the present case crime but police did not forward parcha regarding added Section. Subsequently the remand of applicant was also taken in added section. It is further submitted that entire prosecution story is absolutely doubtful as the first informant has not made any allegation of abduction in the FIR or in the statement recorded under Section 183 BNSS. The applicant has criminal history of one case which is petty in nature. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is languishing in jail since 15.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. Versus Counsel for Applicant(s) : Deepak Dubey Counsel for Opposite Party(s) : G.A. Ruabuddin Alias Bhola .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Ruabuddin @ Bhola involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 29, 2025 A.Kr. BAIL No. 37425 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad