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Neutral Citation No. - 2025:AHC:69390 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13492 of 2025 Applicant :- Amarpal Alias Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Ahok Kumar Singh, learned counsel for the applicant and Shri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.572 of 2024, under Sections 103(1), 238(a), 3(5) B.N.S., 2023, Police Station Syana, District Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that it is a case of circumstantial evidence and during investigation, applicant has been made accused through the statement of named co-accused Neeraj and except the statement of the co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 4. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since
29.11.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for both the parties and perused the record of the case. 7. It is a case of circumstantial evidence and during investigation, applicant has been made accused through the statement of named co-accused Neeraj and it reflects, except the statement of the co- accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 8. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 29.11.2024. 9. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Amarpal Alias Bablu, 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 :- 1.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad