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2025 DAILYLAW 34032 (ALL)

SURENDRA AND 4 OTHERS v. STATE OF U.P.

BAIL/10320/2025 · 2025-04-07

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50454 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10320 of 2025 Applicant :- Surendra And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.78 of 2025, registered under Sections 317(4) and 317(5) B.N.S., P.S. Garhmukteshwar, District Hapur, during pendency of the trial. 3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. 36 quental wire, one country made pistol, one live cartridge, two Mahindra Pick up have been recovered from 8 accused persons. The applicants have not been arrested on the spot. The applicants have no criminal history but on the arrest they have been implicated in another case. Recovery has not been supported by independent witnesses. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicants from the judicial custody or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is also contended that the applicants are languishing in jail since 13.02.2025. 4. Learned A.G.A. has opposed the bail prayer of the applicants. 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 applicants have made out a case for bail. The bail application is allowed. 6. Let the applicants Surendra, Subhash, Rohit, Sumit and Ravindra, who are involved in the aforesaid case crime, be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants 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 :- 8.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad