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Neutral Citation No. - 2025:AHC:112061 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20748 of 2025 Applicant :- Afsaar Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Gautam, Shiv Vilas Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shiv Vilas Mishra, learned counsel for the applicant, Sri Rajeev Kumar Sonkar, learned State Law Officer for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.396 of 2024, under Sections 305(a), 317(2), 331(4) BNS, Police Station- Hapur Dehat, District Hapur.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently after 8 days of the incident, on the basis of recovery of one knife and one pair anklets, he has been falsely implicated though there was no public witness of the aforesaid recovery. It is further submitted that the applicant has explained 9 cases of criminal history in the accompanying affidavit. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He further contended that the co-accused Gaurav has been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.13403 of 2025 vide order dated 08.05.2025. He is also entitled to be released on bail on the parity of the aforesaid accused. The applicant is languishing in jail since 13.12.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without
expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Afsaar involved in the aforementioned crime be released on bail, on his 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad