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2025 DAILYLAW 60953 (ALL)

SATYAVEER v. STATE OF U.P.

BAIL/18329/2025 · 2025-05-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93734 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18329 of 2025 Applicant :- Satyaveer Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Saurabh Yadav, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.308 of 2022, under Section 302 I.P.C., Police Station Faizganj Behta, District Budaun, during pendency of the trial. 4. Learned counsel for the applicant submits that it is an unfortunate case, in which applicant, who was informant of the case, during investigation without any cogent evidence, merely on the basis of suspicion has been made accused in the present matter. 5. He further submits that except suspicion and recovery of the alleged weapon on the pointing out of the applicant, there is no other cogent evidence against him on record. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 03.11.2022 i.e. for last more than two and half years. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. From the record, it reflects, applicant is the informant of the case, who lodged the FIR of the present case against three persons with regard to the murder of his mother but during investigation very casually, he has been made accused in the present matter merely on the basis of suspicion and however, it reflects, as per prosecution, after his arrest on his pointing out alleged weapon used in the crime was also recovered but in view of this Court merely on the basis of such recovery, it cannot be said that applicant, who was informant of the case, committed the murder of his mother. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 03.11.2022 i.e. for last more than two and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Satyaveer 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 their 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. 14. 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. 15. 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 :- 28.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad