Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73778 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15258 of 2025 Applicant :- Bablu Alias Sunil Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 91 of 2025, U/S 111(2), 143 B.N.S. and 67A of Information Technology Act, Police Station Dhanari, District Sambhal, during the pendency of trial.
4. As per prosecution story, the applicant and the co-accused persons are stated to have abducted the victim by force and are stated to have taken him to the co-accused persons and are stated to have been involved in the exercise of exorcism. The applicant and co-accused persons are stated to have formed gang and committed similar kind of offences with several persons.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by ten days and there is no explanation of the said delay caused. As the victim was recovered on 20.3.2024, the FIR is delayed by about eight days from the date of recovery, and there is no explanation of the said delay either.
6. There is no criminal history of the applicant. The applicant is languishing in jail since 16.4.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the
applicant and the aforesaid submissions of learned counsel for the applicant.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Bablu Alias Sunil Thakur involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 7.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad