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Neutral Citation No. - 2025:AHC:73160 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7132 of 2025 Applicant :- Shivcharan Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Mohd. Razif Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Azhar Hussain, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State-respondent.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 04 of 2025, under Sections 274, 275, 318(4), 319(2), 338, 336(3), 340(2), 345(1), 345(3), 348, 349, 111(2)(Kha) B.N.S., Police Station Tajganj, District Agra, during pendency of the trial.
3. Learned counsel for the applicant submits, however, applicant is named in the FIR and as per allegation applicant indulged along with other accused persons in manufacturing of duplicate Deshi Ghee but entire allegation leveled against the applicant is totally false.
4. He further submits, applicant is just an employee of co-accused Pankaj Agrawal, Neeraj Agrawal and Brijesh Agrawal and even their arrest has been stayed by the Division Bench of this Court vide order dated 18.02.2025 passed in Criminal Misc. Writ Petition No. 1848 of 2025.
6. He further submits, co-accused Dharmendra Singh was also made accused along with applicant and after considering the entire
facts of the case, he has been released on bail by this Court vide
order dated 23.04.2025 passed in Criminal Misc. Bail Application No. 4623 of 2025 and on facts case of applicant is at par with him.
7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by 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 arrest of three principal accused has been stayed by the Division Bench of this Court and similarly placed co-accused Dharmendra Singh has already been released on bail and applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025, 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-Shivcharan, 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 :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad