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Neutral Citation No. - 2025:AHC:40388 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9367 of 2025 Applicant :- Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra,Amit Daga Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.235 of 2024, under Sections 351(4), 305, 317(2), 318(4), 345(3) B.N.S., P.S. Nagal, District Saharanpur, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the F.I.R. The police party arrested the applicant on 05.09.2024 and implicated him in the present case. The alleged recovery is false, planted and not supported by any independent witness. It is next submitted that co- accused Ganpat @ Ganesh has been granted bail by Co-ordinate Bench of this Court vide order dated 13.02.2025 passed in Crl. Misc. Bail Application No.44930 of 2024. The applicant has criminal history which is explained in the bail application. The applicant is languishing in jail since 06.09.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Chhotu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad