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2025 DAILYLAW 52006 (ALL)

HARI MOHAN v. STATE OF U.P.

BAIL/14719/2025 · 2025-05-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76079 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14719 of 2025 Applicant :- Hari Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.,Krishna Kumar Mishra,Vikesh Kumar Tiwari Hon'ble Sameer Jain,J. 1. Case called out in revised list. None present on behalf of the informant. 2. Heard Sri Krishna Mani, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 180 of 2024, under Sections 191(2), 191(3), 190, 109, 115, 352, 103(1), 351(2) BNS, Police Station- Kaundhiyara District- Prayagraj during pendency of the trial in the court below. 4. Learned counsel for the applicant submits, on the basis of false, general and omnibus allegations, applicant has been made accused in the present matter along with as many as eleven persons including co-accused Vansh Sahu and after considering the entire facts of the case, co-accused Vansh Sahu has been released on bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 11025 of 2025 and on facts case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Vansh Sahu has been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 15.10.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Hari Mohan 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. 11. 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. 12. 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad