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Neutral Citation No. - 2025:AHC:110344 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11376 of 2025 Applicant :- Ikram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicants and Sri Rajiv Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 307 of 2024, under Section- 303(2) of B.N.S., Police Station-Hapur Dehat, District-Hapur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicants are innocent and he have been falsely implicated in the instant case. It is further submitted that applicants are not named in the first information report, their name surfaced in the confessional statement of co-accused. It is further submitted that nothing incriminating has been recovered either from the possession or pointing out of the applicants. It has been further submitted that all the offence are punishable upto 7 years. Criminal history of the applicants has been explained in paragraph nos. 2 and 3 of the supplementary affidavit. Charge sheet has already been filed, therefore, there is no requirement of custodial interrogation. The applicants are a law abiding citizen and they are languishing in jail since 27.01.2025. In case, they is granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. has opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1
SCC 676 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 applicants are entitled to be enlarged on bail. 6.
Let the applicants- Ikram and Ahsan involved in the aforementioned 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, with the following conditions:- i. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation 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. iv. The applicants 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 :- 10.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad