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Neutral Citation No. - 2025:AHC:29528 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7336 of 2025 Applicant :- Mahaveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shive Datta Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 112 of 2024, under Sections 34, 406, 420, 467, 468, 471, 120B I.P.C., Police Station- Friends Colony, District- Etawah during pendency of the trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was the marginal witness of the alleged gift deed. It is next contended that identically placed co-accused, Mithlesh has been granted bail by this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No. 46065 of 2024 (Mithlesh vs. State of U.P.). The applicant claims parity. The applicant is in jail since 12.02.2025, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was the marginal witness of the gift deed. Identically placed co-accused, Mithlesh has been granted bail by this Court. At present, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for nineteen days and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant, Mahaveer Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad