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2025 DAILYLAW 23320 (ALL)

POORAN v. STATE OF U.P.

BAIL/7327/2025 · 2025-05-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83630 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7327 of 2025 Applicant :- Pooran Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed today on behalf of the applicant, is taken on record. 2. Heard Sri Narayan Singh(Kushwaha), learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 707 of 2024, under Sections 111(2)(b) and 61(b) BNS and Sections 3/5, 25/27 Arms Act, Police Station Shikohabad, District Firozabad during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of general allegation applicant has been made accused in the present matter along with three others including co-accused Raju and after considering entire facts in detail co-accused Raju been released on bail by Coordinate Bench of this Court vide order dated 5.5.2025 passed in Criminal Misc.Bail Application No. 6701 of 2025. 5. He further submits that however, applicant has also been challaned for offence under Section 111 BNS but there is no evidence that he was member of any organized crime syndicate. 6. He further submits that apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit and it reflects, in all the four cases police like present one falsely implicated the applicant. 7. He further submitted that in the present matter, applicant is in jail since 20.11.2024, i.e., for the last more than five months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Raju has been released on bail by Coordinate Bench of this Court and criminal history of four cases of the applicant has been explained in the instant bail application and in the present matter, he is in jail since 20.11.2024, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Pooran, 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. 13. 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. 14. 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad