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2025 DAILYLAW 28037 (ALL)

ANUJ v. STATE OF U.P.

BAIL/8613/2025 · 2025-03-11

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36588 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8613 of 2025 Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Pradeep Kumar Tiwari, learned Advocate submitted that as he has filed his power on behalf of the informant, yesterday, in the Registry of this Court, therefore, his name could not be shown in the cause list, however, he is ready to argue the case. 2. Heard Sri A.Z.Khan, learned counsel for the applicant; Sri Pradeep Kumar Tiwari, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 285 of 2024, under Sections 191(2), 191(3), 109, 103(1), 333, 115(2), 352, 351(3) BNS, Police Station Nagal, District Saharanpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations applicant has been made accused in the present matter alongwith co-accused Amit and after considering facts and circumstances of the case in detail, co-accused Amit has been released on bail by this Court and a copy of his bail order has been annexed at page-125 of the paper book and on facts, case of applicant is at par with him. 5. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 7.10.2024. 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 Amit has already been released on bail by this Court with a reasoned order 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 arguments advanced by learned counsel for the parties and the fact that similarly placed co-accused Amit has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter, applicant is in jail since 7.10.2024, 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-Anuj, 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 :- 12.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad