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Neutral Citation No. - 2025:AHC:71510 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6507 of 2025 Applicant :- Shiv Kumar Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Tiwari,Bhupendra Kumar Pandey,Pradeep Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Bhupendra Kumar Pandey, learned counsel for the applicant, Sri Jhamman Ram, learned A.G.A. for the State- respondent and Shri Bikesh Kumar, learned counsel for the informant.
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 Prayagraj, during pendency of the trial in the court below.
3. Learned counsel for the applicant submits that applicant was not named in the FIR and when the second statement of the informant was recorded then he disclosed the name of the applicant. He further submits, even only general allegation has been levelled by him against the applicant alongwith other accused persons.
4. He further submits that co-accused Vansh Sahu, Kishan Sahu and Maya Devi, who were named in the FIR, have been released on bail by this Court vide orders dated 28.04.2025, 28.04.2025 and 07.04.2025 passed in Criminal Misc. Bail Application Nos.11025 of 2025, 13923 of 2025 and 8678 of 2025, respectively and on
facts, case of applicant is on better footing than them.
5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 17.10.2024 i.e. for last more than six months.
6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the
applicant.
7. I have heard both the parties and perused the record of the case.
8. Considering the argument advanced by learned counsel for the applicant and the fact that three named co-accused Vansh Sahu, Kishan Sahu and Maya Devi have been released on bail by this Court and on facts, case of applicant is on better footing than them and applicant is having no criminal history and he is in jail in the present matter since 17.10.2024 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- Shiv Kumar 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 her 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad