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Neutral Citation No. - 2025:AHC:103702 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10913 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ramesh Chandra Pal, learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No.506 of 2023, under Sections 420, 467, 468, 471, 411 and 413 I.P.C., P.S. Fatehgarh, District Farrukhabad. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant was arrested with the co-accused Kanhaya. There was no recovery from the possession of the applicant. Only Rs.120/- was recovered from the possession of the applicant. Chargesheet has been submitted against the applicant, therefore, there is no requirement of custodial interrogation. It is further submitted that co-accused Satendra @ Sani, Ranjan @ Shivesh Agnihotri,Kanhaiya, Mohd. Kasim and Rajnesh have already been granted bail by co-ordinate Benches of this Court vide order dated 28.11.2023, 30.11.2023, 05.12.2023, 15.12.2023 and 18.12.2023 passed in Criminal Misc. Bail Application Nos.50138 of 2023, 49573 of 2023, 49380 of 2023, 53922 of 2023 and 54213 of 2023. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. The applicant has criminal history of two cases which has been explained in the affidavit accompanied with the bail application. The applicant is a law abiding citizen and he is languishing in jail since
19.10.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping
in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant- Raj Kumar, involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad