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Neutral Citation No. - 2025:AHC:125892 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14277 of 2025 Applicant :- Satyam Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Satya Prakash Singh 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 the applicant is named in the F.I.R. along with two other accused with the allegation that they abducted the son of informant and thereafter he was found unconscious having received gunshot injury in his head. Learned counsel further submits that though in his statement the abductee has assigned the role of abduction to all the accused including the applicant, but specific role of motive has been assigned to the co- accused Lucky Rathore where as specific role of firing has been assigned to the co-accused, Saurabh. Learned counsel further submits that as per the statement of abductee he was taken by the accused persons in a car to Moradabad, thereafter, they returned to Ghaziabad. As per the statement of one Anoop who was the receptionist of the hotel where all the accused including the abductee were stayed, has stated that all the accused had given their Adhar Card for their identification. Learned counsel argued that the accused abducted the son of informant in Gautam Buddh Nagar, thereafter, they took her to Ghaziabad and he stated with the accused persons in a hotel but he did not raise alarm, which creates doubt about the veracity of the prosecution story. 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 08.02.2025, with no previous criminal history. 3.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 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-Satyam, be enlarged on bail in Case Crime No. 60 of 2025, under Sections 140(1), 109(1), 3(5), 303(2), 317(2) of B.N.S., Police Station- Phase-3, District- Gautam Buddh Nagar, 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 :- 29.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad