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Neutral Citation No. - 2025:AHC:87091 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16707 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Manish Kumar Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 773 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 318(4), 338, 336(3), 111 BNS, Police Station Kotwali Orai, District Jalaun, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith several others including co-accused Akash Rajpoot, Suryanshu @ Suraya and Pravesh Vishwakarma @ Chhotu and after considering entire facts in detail, co-accused Akash Rajpoot, Suryanshu @ Suraya and Pravesh Vishwakarma @ Chhotu have been released on bail by this Court vide order dated 3.4.2025, 18.2.2025 & 7.5.2025 passed in Crl. Misc. Bail Application Nos. 10164 of 2025, 10 of 2025 and 12360 of 2025 and on facts, case of applicant is at par with them. 5. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but his criminal antecedents have been explained in the supplementary affidavit filed in support to the instant bail application and in the present matter, applicant is in jail since 16.11.2024 i.e. for last six 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 applicant. 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 applicant and the fact that similarly placed co-accused Akash Rajpoot, Suryanshu @ Suraya and Pravesh Vishwakarma @ Chhotu have already been released on bail by this Court and criminal history of four cases of the applicant has been explained in the instant bail application and in the present matter, applicant is in jail since 16.11.2024 i.e. for last six months, in my view, applicant is 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 applicant- Rahul, 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. 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 applicant. 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 :- 22.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad