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Neutral Citation No. - 2025:AHC:73199 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6776 of 2025 Applicant :- Pappu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A.,P.K. Rao,Pradeep Kumar Bhatt Hon'ble Sameer Jain,J.
1. Heard Sri Ramesh Prasad, learned counsel for the applicant, Sri Pradeep Kumar Bhatt, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 161 of 2024, under Sections 191(2), 103(1), 352, 351(3) B.N.S., Police Station Pailani, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with seven others and after considering the entire facts of the case in detail co-accused Anil Singh @ Kaju Singh, Chunbad Singh and Ashu Singh have been released on bail by this Court vide orders dated 18.02.2025, 11.03.2025 and 05.04.2025 passed in Criminal Misc. Bail Application Nos. 125 of 2025, 8496 of 2025 and 6602 of 2025 and on facts, case of applicant is at par with them. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 02.08.2024 i.e. for last more than nine 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 fact that co-accused Anil Singh @ Kaju Singh, Chunbad Singh and Ashu Singh have been released on bail. 6. They however further submitted that from the statement of the informant, it reflects, applicant is the principal accused but they could not dispute the fact that while granting bail to co-accused
Anil Singh @ Kaju Singh this Court considered all the statements including the statement of informant. They further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 02.08.2024 i.e. for last more than nine months. 7. I have heard learned counsel for the parties and perused the record of the case. 8.
From the record, it reflects, applicant has been named in the FIR along with seven others and from the statement of the informant it reflects, he stated that applicant is the principal accused who throttled the deceased but his statement does not appear to be convincing and after considering this fact co-accused Anil Singh @ Kaju Singh has been enlarged on bail. 9. Further, co-accused Chunbad Singh and Ashu Singh have also been released on bail by this Court. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 02.08.2024 i.e. for last more than nine months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Pappu Singh 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. 14. 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. 15. 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 Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad