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Neutral Citation No. - 2025:AHC:72991 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13044 of 2025 Applicant :- Salim @ Salman Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ramesh Chandra Upadhyay, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2025, under Sections 109(1), 111(2)(B), 310(5), 336(3), 340(2), 338 B.N.S., Section 3/25/27 Arms Act and 15 Dacoity Affected Area, Police Station Lohamandi, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter by the police along with several others including co-accused Hashim Hussain and Meesam Hussain @ Kasim Hussain and after considering the entire facts of the case both the above co-accused have been released on bail by this Court and their bail order has been annexed at page-25 of the paper-book and on facts, case of applicant is at par with them. 4. He further submits, however, apart from the present case applicant is having criminal history of one another case but in that case he has been released on bail even by the court concerned and in the present matter he is in jail since 29.01.2025. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the
applicant and the fact that similarly placed two co-accused Hashim Hussain and Meesam Hussain @ Kasim Hussain have been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter he is in jail since 29.01.2025, in my view, applicant is 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 applicant - Salim @ Salman 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant 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 applicant. 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad