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2025 DAILYLAW 57767 (ALL)

ANUJ SINGH ALIAS BABA v. STATE OF U.P.

BAIL/16489/2025 · 2025-05-14

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81284 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16489 of 2025 Applicant :- Anuj Singh Alias Baba Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dinesh Kumar Maurya, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 556 of 2024, under Sections 103(2), 238, 309(6), 61(2), 127(2), 3(5) BNS, Police Station- Akbarpur, District- Kanpur Dehat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, he has been made accused in the present matter through the statement of named co-accused Kallu and except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. He further submitted that even co-accused Kallu appears to be the principal accused. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.01.2025. 5. Per contra, learned AGA however, 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. It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter through the statement of named accused Kallu and it appears, except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 8. Record also suggests that co-accused Kallu, who was named in the FIR, is the principal accused. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 16.01.2025. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Anuj Singh Alias Baba 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. 13. 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. 14. 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 :- 15.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad