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Neutral Citation No. - 2025:AHC:80912 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14421 of 2025 Applicant :- Santosh Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 0244 of 2024, under Sections 302/34 IPC and Section 3/25, 5(1) A/27(1)Arms Act, Police Station Sidholi, District Shahjahanpur, during pendency of the trial. 3. Learned counsel for the applicant submits that however applicant is named in the FIR along with co-accused Guddu but admittedly informant of the case was not the eye witness and after considering entire facts in detail co-accused Guddu has been released on bail by this Court and his bail order has been annexed as Annexure-9 to the affidavit filed in support of the instant bail application but on facts case of applicant is at par with him . 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 01.5.2024 , i.e., for the last more than a year. 5. 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. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Guddu has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 01.5.2024, i..e, for the last more than a year, 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-Santosh 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 :- 16.5.2025/SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad