Neutral Citation No. - 2025:AHC:41416 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6867 of 2025 Applicant :- Zishan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Pandey,Praval Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Praval Tripathi, learned counsel for the applicants, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.87 of 2022, under Sections 366, 376, 504, 506 I.P.C., Police Station- Sarsawa, District- Saharanpur, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. The applicant nos. 1 & 2 were named in the FIR and the name of applicant no.3 has come up in the statement of victim recorded U/s 164 Cr.P.C., but the police exonerated them and closure report was filed qua them. The charge-sheeted accused person Jeeshan has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 28.7.2022 passed in Criminal Misc. Bail Application No.27632 of 2022. 5. Learned counsel for the applicants has further stated that the applicants have been summoned vide order dated 30.7.2024 of the trial court by invoking powers U/s 319 Cr.P.C. It is a clear cut case of false implication as the applicants were exonerated by the police. 6. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 9.1.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 10. Let the applicants- Zishan s/o Ayub, Aalam and Abrar, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence. (ii) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 21.3.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad