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Neutral Citation No. - 2025:AHC:93213 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16887 of 2025 Applicant :- Sikander Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vipin Gangwar, learned counsel for the applicant and Sri Kunwar Tejendra 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.364 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 103(1) BNS, Police Station Shahi, District Bareilly during pendency of the trial.
3. Learned counsel for the applicant submits that however, applicant was not named in the FIR but during investigation he has been made accused in the present matter along with several others including co-accused Aman and after considering the entire facts in detail co-accused Aman has been released on bail by this Court vide order dated 3.3.2025 passed in Criminal Misc.Bail Application No. 7230 of 2025 and on facts case of applicant is at par with him.
4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 27.10.2024, i.e., for the last more than seven months.
5. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the
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 the learned counsel for the applicant and the fact that similarly placed co-accused Aman has been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 27.10.2024, i.e., for the last more than seven months, 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-Sikander 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 :- 30.5.2025/SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad