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Neutral Citation No. - 2025:AHC:37218 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 810 of 2025 Applicant :- Shekhar Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- Deo Prakash Singh,G.A.,Yaduvanshi Birendra Mohan Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 234 of 2024, registered under Sections 115(2), 307, 331(4) & 317(2) B.N.S., Police Station- Maudarwaja, District- Farrukhabad, during pendency of the trial.
3. Allegation in the first information report is that three unknown persons entered in the house of informant and assaulted him with punch, as a result, informant received injuries. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Name of the applicant surfaced in the present case on the basis of confessional statement of co-accused. Applicant is having no concern with the alleged incident. Applicant has criminal history of one case, which has been duly explained in the bail application. The applicant is languishing in jail since 26.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial.
4. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail prayer of the applicant.
5. 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, the Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
6. Let the applicant- Shekhar, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad