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2025 DAILYLAW 62731 (ALL)

KAPTAN SINGH v. STATE OF U.P.

BAIL/17841/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89082 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17841 of 2025 Applicant :- Kaptan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar,Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Gupta, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.91 of 2025, under Sections 126(2), 140(1), 109(1), 111(2), 143 BNS, Sections 9, 11, 27, 51 Wild Animal Protection Act and Section 67-A I.T. Act, Police Station- Dhanari District- Sambhal during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant was not named in the FIR but during investigation on the basis of false allegation, he has been made accused in the present matter along with co-accused Bablu @ Sunil Thakur and after considering entire facts of the case in detail, co- accused Bablu @ Sunil Thakur has been released on bail by co- ordinate Bench of this Court vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 15258 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that however, in the present case, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but he was not having any previous criminal history and even there is no evidence on record, which can suggests that either applicant is the member of any organized crime syndicate or he acted on behalf such syndicate. 5. He further submitted that applicant is in jail in the present matter since 28.03.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Bablu @ Sunil Thakur has been released on bail by this Court and applicant was not having any previous criminal history and he is in jail in the present matter since 28.03.2025, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Kaptan Singh 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. 11. 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. 12. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad