Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134679 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8058 of 2025 Applicant :- Gopinath Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Yadav,Sanjay Kumar Maurya,Sanjeev Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged in unknown with the allegation that four accused after giving blow of danda upon the informant's father snatched away his motorcycle, Rs. 1500- and his Aadhar card. Learned counsel further submits that the applicant was not arrested on the spot and he was arrested in a routine police checking along with three other accused and one country made pistol along with two live cartridges and Rs. 150/- is alleged to have been recovered from the possession of applicant. There is no recovery of any incriminating article from the possession of applicant and if any such recovery is made from the applicant the same is implanted as there is no independent witness of such recovery. No identification parade has been done for identification of accused by the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are 27 cases into the credit of applicant of petty offence, in which the applicant is on bail. The applicant is languishing in jail since
05.03.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Gopinath, be enlarged on bail in Case Crime No.
317 of 2024, under Sections 309(6), 317(2) of B.N.S., Police Station- Kiratpur, District- Bijnor, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 7.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad