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2025 DAILYLAW 54817 (ALL)

SHARIF AND ANOTHER v. STATE OF U.P.

BAIL/15938/2025 · 2025-05-16

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82677 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15938 of 2025 Applicant :- Sharif And Another Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri M.P.S. Chauhan, learned counsel for the applicants and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 511 of 2024, under Sections 85, 115(2), 352, 351(2), 105 B.N.S., Police Station Gonda, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicants have been made accused in the present matter and even post mortem report of the deceased suggests that deceased died due to Myocardial Infraction. 4. He further submits, along with applicants co-accused Sameer and Raja Khan have also made accused and after considering the entire facts of the case, co-accused Sameer and Raja Khan have been released on bail by this Court vide orders dated 08.05.2025 and 01.05.2025 passed in Criminal Misc. Bail Application Nos. 15496 of 2025 and 14491 of 2025 respectively and on facts case of applicants is at par with them. 5. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 25.02.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 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 applicants and the fact that deceased died due to Myocardial Infraction and similarly placed two co-accused Sameer and Raja Khan have been released on bail by this Court and applicants are not having any criminal history and in the present matter they are in jail since 25.02.2025, in my view, applicants are 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 applicants - Sharif and Aleem 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad