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Neutral Citation No. - 2025:AHC:103737 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13446 of 2025 Applicant :- Sohil Opposite Party :- State of U.P. Counsel for Applicant :- Uma Dutt Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Uma Dutt Shukla, learned counsel for the applicant, learned AGA and perused the record.
2. The accused-applicant seeks bail in Case Crime No.10 of 2023 under sections 394, 413, 120-B, 411 IPC, P.S. Rakabganj, District Agra.
3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He was not named in the F.I.R. Subsequently joint recovery was shown from the possession of the applicant as well as three co-accused persons. There was no independent witness of the alleged recovery. Criminal history of the applicant has been explained in the supplementary affidavit. It is further submitted that co-accused Shubham Pandey @ Pandey, Gulsham @ Gullu and Kripa Shankar @ Golu have already been granted bail by co-ordinate Benches of this Court vide orders dated 14.07.2023, 27.07.2023 and 22.05.2023 passed in Criminal Misc. Bail Application Nos.28636 of 2023, 28553 of 2023 and 22747 of 2023 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. The applicant is a law abiding citizen and he is languishing in jail since 20.01.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Sohil, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad