Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82525 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16744 of 2025 Applicant :- Bhupendra Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 90 of 2024, under Sections 105, 352, 61(2) B.N.S., Police Station Jahangirpur, District Bulandshahr during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is not named in the FIR but during investigation he has been made accused in the present matter along with others including co- accused Gulshan and co-accused Gulshan has been released on bail by this Court and his bail order has been annexed at Annexure-8 to the affidavit and on facts, case of applicant is at par with him. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024 i.e. for last more than six months. 5. Per contra, learned AGA 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. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Gulshan has been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024 i.e. for last more than six 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 - Bhupendra 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad