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Neutral Citation No. - 2025:AHC:31940 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7835 of 2025 Applicant :- Pavan Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Ms. Pratibha Rajpoot, learned Advocate apprised the Court that yesterday she filed her power on behalf of the informant in the Registry of this Court, therefore, her name is not shown in the cause list. 2. Heard Sri Satendra Singh, learned counsel for the applicant, Ms. Pratibha Rajpoot, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 344 of 2024, under Sections 191(2), 191(3), 190, 109, 103(1) B.N.S., Police Station Karhal, District Mainpuri during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false and general allegation, applicant has been made accused in the present matter along with several others including co-accused Saurabh and with a very detailed order co-accused Saurabh has been released on bail and his bail order has been annexed at page- 79 of the paper-book and case of applicant is exactly at par with co-accused Saurabh. 5. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter applicant is in jail since 13.10.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted it is a case in which deceased was brutally murdered and applicant was also named in the FIR but they could not dispute the fact that along with applicant co-accused Saurabh was also named in the FIR and
similar allegation was also made against him and he has already been released on bail by this Court and on facts case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8.
Considering the argument advanced by learned counsel for the parties and the fact that similarly placed co-accused Saurabh has been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter he is in jail since 13.10.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Pavan 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. 11. 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. 12. 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 :- 5.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad