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2025 DAILYLAW 60162 (ALL)

ANAS v. STATE OF U.P.

BAIL/17958/2025 · 2025-07-09

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110538 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17958 of 2025 Applicant :- Anas Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh Counsel for Opposite Party :- Ambreen Masroor,G.A.,Sadrul Islam Jafri Hon'ble Saurabh Shyam Shamshery,J. 1. Heard S/Sri Narendra Bahadur Singh and Abhishek Kumar Saroj, learned counsel for applicant, learned AGA for State and Sri N.I. Jafri, learned Senior Advocate assisted by S.I. Jafri, learned counsel for informant. 2. This is 4th bail application. The 1st, 2nd and 3rd bail applications were rejected vide orders dated 21.12.2022, 03.09.2024 and 17.03.2025 respectively. 3. Learned advocates for applicant submits that challenge to an order of bail granted by this Court to co-accused at the instance of complainant has recently failed and case of present applicant being similarly situated may be considered. 4. Learned AGA as well as learned Senior Advocate have opposed the bail, however, have not denied aforesaid submissions of learned advocate of applicant. 5. Considering aforesaid submissions, this Court does find a ground to consider the prayer for bail on principle of parity. 6. Let the applicant- Anas be released on bail in Case Crime No. 1843/2021 under Sections 147, 148, 149, 307, 120-B, 420, 201, 302 IPC, Police Station- Kotwali Dehat, District- Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 8. The bail application is allowed. 9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 10. Trial Court will take all endeavour to expedite the trial. Order Date :- 10.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad