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Neutral Citation No. - 2025:AHC:106894 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14687 of 2025 Applicant :- Mahesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Kushwaha,Thakur Prasad Dubey Counsel for Opposite Party :- G.A.,Prashant Singh,Ritik Kumar Mishra Hon'ble Arun Kumar Singh Deshwal,J.
1. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record.
2. Heard Sri Thakur Prasad Dubey along with Pavan Kumar Kushwaha, learned counsels for the applicant, Sri Prashant Singh,
learned counsel for the informant and Sri Rajiv Kumar Singh, learned A.G.A. for the State and perused the material available on record.
3. Applicant seeks bail in Case Crime No. 371 of 2024, under Sections 420, 409, 120B, 506 of I.P.C., Police Station - Phoolpur, District - Prayagraj, during the pendency of trial.
4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that on perusal of first information report and statements of the witnesses, it is clear that the main allegation is on co-accused Ajay Kumar. It is further submitted that there is no material on record to show that any money was transferred in the account of the applicant or withdrawn from the account of the informant by the applicant. It is further submitted that the only allegation against the applicant is that he accompanied the main accused Ajay Kumar at the house of informant and no specific allegation is made against the applicant. The applicant is a law abiding citizen and is languishing in jail since 02.04.2025 having no criminal history. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the
prayer for bail, but he could not dispute the aforesaid fact.
6. 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.
7. Let the applicant- Mahesh Kumar, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad