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Neutral Citation No. - 2025:AHC:66216 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14001 of 2025 Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. FIR of the present case was lodged against applicant and nine others and six-seven unknown persons and according to the FIR applicant and other accused persons made assault and due to the assault made by them number of persons sustained injuries. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with as many as 15 accused persons and actually it is a case in which mob made assault and applicant never participated in the incident. She further submits, however, as per prosecution in the incident four persons sustained injuries and out of four persons three persons sustained injuries on their head but there is no evidence that applicant caused injury any of them. He further submits, the act done by the mob cannot be attributed to the applicant. Learned counsel for the applicant further general role has been assigned to all the accused persons including the applicant. She further argued that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel further argued that similarly situated co-accused persons namely, Khushal, Faruq, Riyat along with Daud have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 06.02.2025, 27.02.2025, and 10.03.2025 passed in Criminal Misc. Bail Application Nos. 1669 of 2025, 2563 of 2025, 2921 of 2025 respectively, copy of their bail orders are annexed collectively as Annexure-4 to the affidavit accompanying the bail application. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The
circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned.
It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 03.04.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Raja involved in Case Crime No. 317 of 2024, under Sections 131, 191(2), 190, 351 (2), 109 B.N.S., Police Station Doghat, District Baghpat be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
8. The bail application is allowed.
Order Date :- 29.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad