Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78573 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9244 of 2025 Applicant :- Abhimanyu Singh Opposite Party :- State of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri R.S.Maurya, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2024, under Sections 140(1), 109, 352, 351(2), 351(3), 103(1), 3(5), 61(2) and 249 BNS, Police Station Jaria, District Hamirpur during pendency of the trial.
3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation through fourth statement of the informant he has been made accused in the present matter with the aid of Section 61(2) BNS along with co-accused Kartar Singh Yadav alias Hargovind Singh and co-accused Kartar Singh Yadav alias Hargovind Singh has been released on bail by this Court vide order dated 7.5.2025 passed in Criminal Misc. Bail Application No. 7166 of 2025 and on facts case of applicant is at par with him.
4. He further submits that even there is no cogent evidence of conspiracy against the applicant.
5. He further submits that however, apart from the present case applicant is having criminal history of four other cases but his entire criminal history has been explained in the instant bail
application and all the four cases relate to minor offence and in all the four cases he is on bail.
6. He further submit that in the present matter, applicant is in jail since 09.12.2024 i.e. for last more than five months.
7. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the
learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Kartar Singh Yadav alias Hargovind Singh has already been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and he is in jail since December, 2024, i.e. for last more than five months, in my view applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant-Abhimanyu Singh, 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.
12. 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.
13. 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