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2025 DAILYLAW 26642 (ALL)

SAHADEV v. STATE OF U.P.

BAIL/7988/2025 · 2025-03-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7988 of 2025 Applicant :- Sahadev Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Sufia Saba, learned Advocate filed her power on behalf of the informant today in the Court, which is taken on record. 2. Heard Sri Ashish Mishra, learned counsel for the applicant, Ms. Sufia Saba, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 447 of 2024, under Sections 191(2), 3(5), 115(2), 103 B.N.S., Police Station Kotwali Nagar, District Muzaffar Nagar during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused along with his brother namely Jay Kumar and after considering the entire facts of the case in detail, bail application of co-accused Jay Kumar has been allowed by this Court today vide Criminal Misc. Bail Application No. 7965 of 2025 and on facts case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 12.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that co-accused Jay Kumar has been released on bail today and case of the 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 Jay Kumar has been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 12.11.2024, 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 - Sahadev 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 :- 6.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad