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2025 DAILYLAW 31172 (ALL)

SUHAN ALIAS SUBHAN v. STATE OF U.P.

BAIL/9463/2025 · 2025-03-20

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41310 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9463 of 2025 Applicant :- Suhan Alias Subhan Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Prakash Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashi Prakash Pandey, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.449 of 2024, under Sections 191(2), 115(2), 125, 109(1) and 103(2) BNS, Police Station Dibai, District Bulandshahr during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with his father and brothers including co-accused Suheb and after considering entire facts in detail co-accused Suheb has been released on bail by this Court and his bail order has been annexed as Annexure-9 to the affidavit filed in support of the instant bail application and case of applicant is at par with him. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 25.8.2024, i.e., for the last more than six months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the fact that on the basis of general and omnibus allegation applicant has been made accused in the present matter along with his father and brothers including co-accused Suheb and with a very detailed order co-accused Suheb has already been released on bail by this Court and the case of applicant is at par with him and applicant is not having any previous criminal history and he is in jail in the present matter for the last more than six months, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Suhan Urf Subhan 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. 10. 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. 11. 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 :- 21.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad