Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68025 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11187 of 2025 Applicant :- Rahul Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that F.I.R. was lodged in unknown alleging therein that three unknown persons looted some gold ornaments, two mobile phones, twelve hundred rupees and some other items from the informant and his wife. Learned counsel further submits that after six days of the alleged incident police apprehended three persons including the applicant and false recovery of Rs. 950/- and some ornaments, but such recovery is not witnessed by any independent person and no identification parade has been done after the arrest of the applicant. There are 16 cases into the credit of applicant, in which the applicant is on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 07.01.2025. 3. Learned A.G.A. for the State has opposed the prayer and contended that applicant is a habitual offender, therefore, he does not deserve to be enlarged on bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5.
Let the applicant-Rahul Ahirwar, be enlarged on bail in Case Crime No.270 of 2024, under Sections 309(4), 317(2) of B.N.S., Police Station- Month, District- Jhansi, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad