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Neutral Citation No. - 2025:AHC:88757 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15449 of 2025 Applicant :- Imran And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ashutosh, learned counsel for the applicants and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 217 of 2024, under Sections 191(2), 191 (3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) BNS, Police Station Shahi, District Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that however, applicants are named in the FIR but in the FIR as many as 50 persons were named including co-accused Israt Ali and after considering entire facts of the case, co-accused Israt Ali has been released on bail by this Court and his bail order has been annexed at page-141 of the affidavit filed in support to the instant bail application and on merit, case of applicants is at par with him. 4. He further submitted that even from the material available on record, it reflects that alleged crime was committed by the mob. 5. He further submitted that applicants were not having any previous criminal history to their credit and in the present matter, they are in jail since 22.7.2024 i.e. for last more than ten months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 arguments advanced by learned counsel for the
applicants and the fact that similarly placed co-accused Irsad Ali has already been released on bail by this Court and applicants were not having any previous criminal history to their credit and in the present matter, they are in jail since 22.7.2024 i.e. for last more than ten months., 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- Imran and Abdul Salam, 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 them 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 :- 26.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad