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Neutral Citation No. - 2025:AHC:33840 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2691 of 2025 Applicant :- Surendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA, for the State.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Complaint Case No.7682 of 2006, under Section 302 I.P.C. Police Station Nagina, District Bijnor during pendency of the trial.
3. Learned counsel for the applicant submits that in a complaint case on the basis of false allegations, applicant has been made accused in the present matter along with co-accused Teekam Singh and after considering the entire facts in detail, co- accused Teekam Singh has already been released on bail by this Court vide order dated 05.02.2025 passed in Criminal Misc. Bail Application No. 733 of 2025 and on facts, the case of the applicant is at par with the co-accused Teekam Singh.
4. He further submits that the applicant is not having any criminal history and he is in jail since 01.12.2024.
5. Per contra, learned AGA opposed the prayer for bail, but, could not dispute the
arguments advanced by learned counsel for the applicant.
6. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Teekam Singh has already been released on bail by this Court with a detailed order and applicant is not having any criminal history in the present matter and he is in jail since 01.12.2024, in my view,
applicant is entitled to be released on bail.
7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
8. Let the applicant-Surendra 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.
9. 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.
10. 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 :- 6.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad