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2025 DAILYLAW 64131 (ALL)

KAMLESH v. STATE OF U.P.

BAIL/18431/2025 · 2025-05-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91224 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18431 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Bhaju Ram Prasad Sharma, learned counsel for the applicant and Sri Santosh Pandey, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 75 of 2025, under Sections 115(2), 351(3), 352, 105 BNS, Police Station Pharenda, District Maharajganj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith two others but on the basis of false allegations, he has been made accused in the present matter and after considering entire facts of the case, co-accused Babulal has been released on bail today by this Court vide Crl. Misc. Bail Application No. 18386 of 2025 and case of applicant is at par with him. 4. He further submitted that apart from the present case, applicant is having no criminal history and in the present matter, applicant is in jail since 31.3.2025. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Babulal has already been released on bail today by this Court, after considering entire facts of the case and applicant is having no criminal history and in the present matter, he is in jail since 31.3.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Kamlesh, 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. 10. 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. 11. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad