Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68667 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11755 of 2025 Applicant :- Kishorilal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Dahiya Counsel for Opposite Party :- G.A.,Janardan Prasad Tripathi,Srijana Tripathi Hon'ble Sameer Jain,J.
1. Heard Sri Rahul Singh Dahiya, learned counsel for the applicants; Sri Janardan Prasad Tripathi, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 6 of 2025, under Sections 105, 333, 115(2), 125 BNS, Police Station Sikandrabad, District Bulandshahr, during pendency of the trial in the court below.
3. Learned counsel for the applicants submitted that on the basis of false allegations applicants have been made accused in the present matter alongwith two others including two co-accused Satish and Mamta and after considering entire facts of the case, co-accused Satish and Mamta have been released on bail, today by this Court vide Crl. Misc. Bail Application No. 11624 of 2025 and on facts, case of applicants is at par with them except the fact that on the pointing out of the applicants, bricks were recovered which allegedly used in the crime.
4. He further submitted that however apart from the present case, applicants are having criminal history of one another case but that case relates to minor offence. He further submits, even that case was lodged by informant side. It is next submitted, their criminal history has been explained in the instant bail application and in the present matter, applicants are in jail since 17.1.2025.
5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicants.
6. I have heard learned counsel for the parties and perused the record of the case.
7. Considering the arguments advanced by learned counsel for the applicants and the fact that almost similarly placed two co-accused Satish and Mamta have already been released on bail by this Court and criminal history of one case of the applicants relates to minor offences and the same has been duly explained in the instant bail application and in the present matter, they are in jail since 17.1.2025, in my view, applicants are 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 applicants-Kishori Lal and Bheem Singh, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants 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 applicants.
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 :- 1.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad