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Neutral Citation No. - 2025:AHC:78397 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13090 of 2025 Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Datta,Shive Datta Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Shive Datta Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2025, under Section 108 BNS, Police Station- Kakadeo, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, it was found that one Akash Babu, who was cyber criminal, duped the deceased and due to that reason, he committed suicide and when Akash was arrested then applicant was also arrested along with him. He further submitted that as per prosecution, applicant also involved in the present crime along with Akash Babu but except the bald allegation, there is no cogent evidence against him on record. 4. He further submitted that there is no evidence, which can suggest that due to abatement of the applicant deceased committed suicide. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 15.03.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, due to abatement of the applicant
and co-accused, deceased committed suicide but it appears, there is no cogent evidence of abatement against the applicant on record. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 15.03.2025. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12.
Let the applicant- Sachin Kumar 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. 13. 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. 14. 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 :- 13.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad