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Neutral Citation No. - 2025:AHC:78631 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8836 of 2025 Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vipin Gangwar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0364 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 103(1) B.N.S.,2023, Police Station Shahi, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant was not named in the FIR but during investigation he has been made accused in the present matter along with co-accused Aman, Gopal and Jaswant alias Bhura and after considering the entire facts of the case in detail, all the above co-accused have been released on bail by this Court. 4. He further submits that co-accused Aman has been released on bail vide order dated 03.03.2025 passed in Criminal Misc. Bail Application No.7230 of 2025 while co-accused Gopal has been enlarged on bail vide order dated 29.4.2025 passed in Criminal Misc.Bail Application No. 5620 of 2025 and co-accused Jaswant alias Bhura was enlarged on bail vide order dated 29.4.2025 passed in Criminal Misc. Bail Application No. 5477 of 2025 and on facts case of applicant is at par with them. 5. He further submits, applicant is not having any criminal history
and in the present matter he is in jail since 27.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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 applicant and the fact that similarly placed three co-accused Aman, Gopal and Jaswant alias Bhura have been released on bail and applicant is not having any criminal history and in the present matter he is in jail since 27.10.2024 i.e. for last more than six months, 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-Raju 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 :- 14.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad