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Neutral Citation No. - 2025:AHC:130868 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15875 of 2025 Applicant :- Aditya Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Mohamad,Noor Mohammad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 149 of 2025, under Sections 309(4), 317(2) B.N.S. and Section 9/25 Arms Act, police station Panki, district Kanpur Nagar, during the pendency of trial. It is argued by learned counsel for the applicant that the F.I.R. was lodged for the alleged offence under Section 309(4) of B.N.S., 2023 against two unknown persons. During investigation one Ankur Pal was apprehended by the police and from his possession a chain of yellow metal has been recovered. During interrogation, Ankur Pal confessed his guilt and disclosed the name of Sagar Verma and present applicant-Aditya Rajpoot, thereafter Sagar Verma was apprehended by police on 17.04.2025 and from his possession also one locket has been recovered. On the next date i.e. 18.04.2025, the applicant was arrested but no ornament has been recovered from his possession. Police has falsely shown recovery of a country made pistol from his possession. The applicant has no criminal history to his credit. It is also submitted that co-accused Sagar Verma and Ankur Pal under similar acquisition have been granted bail by the coordinate Bench of this Court vide orders dated 25.06.2025 and 23.07.2025 in Criminal Misc. Bail Application Nos. 20285 of 2025 and 25127 of 2025 respectively. Hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.04.2025 and in case, the applicant is released on bail, he will not misuse the
liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that similarly situated co-accused Sagar Verma and Ankur Pal have been granted bail as noted. Hence, the applicant has made out a prima facie case for bail on the ground of parity. Accordingly, the bail application is hereby allowed. Let the applicant-Aditya Rajpoot, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 4.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad