Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72776 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5613 of 2025 Applicant :- Jai Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Vishesh Kumar Counsel for Opposite Party :- G.A.,Krishna Kumar Mishra,Vikesh Kumar Tiwari Hon'ble Sameer Jain,J.
1. Heard Sri Vishesh Kumar, learned counsel for the applicant, Sri Vikesh Kumar Tiwari, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 180 of 2024, under Sections 191(2), 191(3), 190, 109, 115, 352, 103(1), 351(2) BNS, Police Station- Kaundhiyara District- Allahabad during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is not named in the FIR and during investigation, he has been made accused in the present matter along with others and only general role has been assigned to all the accused. He further submitted that after considering entire facts of the case in detail, co-accused Vansh Sahu and Kishan Sahu have been released on bail by this Court vide orders dated 28.04.2025 and passed in Criminal Misc. Bail Application No. 11025 of 2025 and 13923 of 2025 respectively and on facts, case of applicant is at better footing than them as both the above co-accused were named in the FIR. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.10.2024 i.e. for last more than six months. 5. Per contra, learned AGA as well as learned counsel for the informant however, 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 argument advanced by learned counsel for the applicant and the fact that applicant was not named in the FIR and named accused Vansh Sahu and Kishan Sahu have already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter for last more than six months, 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- Jai Sahu 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 :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad