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Neutral Citation No. - 2025:AHC:29965 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7387 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mayank,G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Abhishek Mayank, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.426 of 2024, under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(3), 61(2) and 103(2) BNS, Police Station Khair, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits that applicant has been made accused in the present matter along with five others including co-accused Hariom and Kushal and both the above named accused persons have already been released on bail by this Court vide orders dated 17.2.2025 passed in Criminal Misc. Bail Application Nos. 38737 of 2024 and 1700 of 2025 and on facts case of applicant is exactly at par with them as role of extortion has been assigned to the applicant and co-accused Hariom and Kushal. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since
18.10.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 the learned counsel for the applicant and the fact that two co-accused persons have already been released on bail by this Court and case of applicant is exactly at par with them and applicant is not having any previous criminal history and in the present matter he is in jail since 18.10.2024, 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-Kuldeep 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 :- 4.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad