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2025 DAILYLAW 64255 (ALL)

UPENDRA SINGH v. STATE OF U.P.

BAIL/18545/2025 · 2025-05-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91195 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18545 of 2025 Applicant :- Upendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri D. K. Yadav, Advocate submitted that yesterday he has filed his power on behalf of the informant in the Registry of this Court, therefore, his name could not be shown in the cause list. However, he further submitted that he is ready to argue the matter. 2. Heard Sri Akash Mishra, learned counsel for the applicant; Sri D.K. Yadav, learned counsel for the informant and Santosh Pandey, learned Brief Holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 57 of 2025, under Sections 191(2), 191(3), 105, 127(2), 352, 351(3) BNS, Police Station Ekdil, District Etawah, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of general and omnibus allegations, applicant has been made accused in the present matter alongwith as many as 8 others including co- accused Ram Singh and after considering entire facts of the case, co-accused Ram Singh has been released on bail by the co- ordinate Bench of this Court vide order dated 27.5.2025 passed in Crl. Misc. Bail Application No. 17311 of 2025 and on facts, case of applicant is exactly at par with him. 4. He further submitted that applicant is having no criminal history and in the present matter, he is in jail since 25.3.2025. 5. Per contra, learned AGA as well as learned counsel for the informant 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 Ram Singh has already been released on bail by the co-ordinate Bench of this Court and applicant is having no criminal history and in the present matter, he is in jail since 25.3.2025, 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- Upendra 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. 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