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Neutral Citation No. - 2025:AHC:95567 Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18700 of 2025 Applicant :- Sushil Alias Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Giri,Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 3. The present bail application has been filed by the applicant in Case Crime No. 249 of 2025, under Sections - 112, 318(4), 336(3), 338, 340(2), 308(5) BNS, Section - 3/4 The Public Gambling Act, 1867, Section - 66-D I.T. Act and Section - 3/25/30 Arms Act, Police Station - Civil Lines, District - Moradabad, with the prayer to enlarge him on bail. 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. According to prosecution version, applicant and co-accused persons were indulging in online gambling through mobile phone over the IPL cricket match between Kolkata Knight Riders and Chennai Super Kings. Learned counsels submitted that there is no independent witness of the alleged incident and nothing incriminating has been recovered from the possession of applicant. Total amount of Rs. 1,46,175/- was shown recovered from the spot, where 20 persons, including applicant, were allegedly indulging in gambling. Referring to facts of the matter, it was submitted that the allegations levelled against applicant are false. Criminal history shown against the applicant has duly been explained in supplementary affidavit filed in support of the bail
application. Lastly, it was submitted that the applicant is languishing in jail since 12.04.2025 and that in case applicant is granted bail, he shall not misuse the liberty of bail and would co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail. 6. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Accordingly the instant bail application is hereby allowed. 7.
Let the applicant - Sushil Alias Surendra involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to the following conditions : (i) The applicant shall not tamper with the evidence during trial. (ii) The applicant shall not pressurize / intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless his personal appearance is exempted. (iv) 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 them from disclosing such facts to the Court or to the police. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 5.6.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad