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2025 DAILYLAW 46629 (ALL)

HARIOM SAHU v. STATE OF U.P.

BAIL/13256/2025 · 2025-08-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134764 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13256 of 2025 Applicant :- Hariom Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Suresh Kumar Maurya, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the State Respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 384 of 2024, under Sections 191(2), 191(3), 103(1), 3(5) and 6(1) of B.N.S., Police Station Kotwali, District Budaun during pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is not named in the FIR and his name surfaced during the course of investigation. He further submits that on the basis of false and general allegation the applicant has been made accused in the present matter. He further submits that the named accused namely Rahul Yadav @ Rahul Nayak, Sahil Shahu and Akash Shahu have been released on bail by this Court vide order dated 30.04.2025, 09.05.2025 and 15.05.2025 passed in Criminal Misc. Bail Application Nos. 6007 of 2025, 15654 of 2025 and 6275 of 2025 and on facts, the case of applicant is at par with him. 4. He further submits, however, apart from the present case applicant is having criminal history of 17 other cases, which has been explained in the affidavit filed in support of the bail application and in the present matter he is in jail since 08.11.2024. 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 co-accused Rahul Yadav @ Rahul Nayak, Sahil Shahu and Akash Shahu have been released on bail by this Court vide order dated 30.04.2025, 09.05.2025 and 15.05.2025 passed in Criminal Misc. Bail Application Nos. 6007 of 2025, 15654 of 2025 and 6275 of 2025 and in the present matter he is in jail since 08.11.2024, 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, Hariom Sahu, 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 :- 8.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad