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Neutral Citation No. - 2025:AHC:75096 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6510 of 2025 Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- Anil Kumar Singh Bishen,G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Mohammad Nadeem, learned counsel for the applicant, Shri Brijesh Pratap Singh, learned AGA for the State- respondent and Shri Anil Kumar Singh Bishen, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.310 of 2024, under Sections 103(1), 109(1), 3(5) B.N.S., Police Station Gunnaur, District Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Harveer and after considering the entire facts of the case, co-accused Harveer has been released on bail by this Court vide order dated 21.03.2025 passed in Criminal Misc. Bail Application No.9410 of 2025 and on facts, case of applicant is at par with him. 4. He further submits that the applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024. 5. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not
dispute the fact that co-accused Harveer has been released on bail by this Court vide order dated 21.03.2025 and on facts, case of applicant is at par with him. 6. I have heard learned counsel for both the parties and perused the record of the case. 7. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed co-accused co- accused Harveer has been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024, 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- Shiv Kumar, 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 :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad