Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 55702 (ALL)

KABIRDAS ALIAS KABIRA v. STATE OF U.P.

BAIL/15727/2025 · 2025-05-15

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:81302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15727 of 2025 Applicant :- Kabirdas Alias Kabira Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Kushwaha Counsel for Opposite Party :- G.A.,Pusp Raj Singh Hon'ble Sameer Jain,J. 1. Heard Sri Chandra Prakash Kushwaha, learned counsel for the applicant, Sri Pusp Raj Singh, learned counsel for the informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 108, 352, 115(2), 351(3) B.N.S., Police Station Jaspura, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation of abetment, applicant has been made accused in the present matter along with others including co-accused Shubham and Shivam and after considering the entire facts of the case, co- accused Shubham and Shivam have been released on bail by this Court vide order dated 15.05.2025 passed in Criminal Misc. Bail Application No. 15286 of 2025 and on facts case of applicant is at par with them. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.02.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Shubham and Shivam have 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 26.02.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Kabirdas @ Kabira 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. 10. 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. 11. 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 :- 16.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad