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Neutral Citation No. - 2025:AHC:103774 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17679 of 2025 Applicant :- Sultan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sunil Kumar, learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sultan, seeking enlargement on bail in Case Crime No.65 of 2025, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Shivali, District Kanpur Dehat.
3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
01.03.2025. He further submitted that alleged victim has clearly stated her relation with co-accused Ankit and admitted that she herself went alongwith applicant and co-accused persons. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. It is further submitted that co-accused Raj Kumar has already been granted bail by co-ordinate Bench of this Court vide order dated 11.06.2025 passed in Criminal Misc. Bail Application No.18705 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
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- Sultan, 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 :- 3.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad