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2025 DAILYLAW 4293 (ALL)

PAPPU KUIMAR @ GHANSHYAM v. STATE OF U.P.

BAIL/899/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87584 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 899 of 2025 Applicant :- Pappu Kumar @ Ghanshyam Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Sahu,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.,Neha Rani,Satyvendra Singh Yadav Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in the revised call. 2.Heard Sri Arvind Kumar Sahu, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0278 of 2024, under Section 108 BNS, Police Station Zarif Nagar, District Budaun during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with co-accused Yogesh Gupta and co-accused Yogesh Gupta has already been released on bail by this Court vide order dated 22.4.2025 passed in Criminal Misc.Bail Application No. 4350 of 2025 and on facts, case of applicant is at par with him. 5. He further submits that even there is no cogent evidence which can suggest that due to the abetment of the applicant deceased committed suicide 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 09.11.2024, i.e., for the last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Yogesh Gupta has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 09.11.2024, i..e, for the last more than six months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Pappu Kumar @ Ghanshyam 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. 12. 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. 13. 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 :- 23.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad