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Neutral Citation No. - 2025:AHC:101237 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21634 of 2025 Applicant :- Samundra Opposite Party :- State of U.P. Counsel for Applicant :- Naveen Kumar Yadav,Shiv Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sudeep Kuamr Agarwal holding brief of Sri Shiv Bahadur Singh,
learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No.128 of 2025, under Sections 61(2), 316(5) B.N.S., P.S. Badaut, District Baghpat. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He was not named in the F.I.R.. His name came in picture in the statement of co-accused. He is constable in Punjab Police Department. The main allegation has been made against co-accused Jasmindar, who has been granted bail by co-ordinate Bench of this Court vide order dated 23.06.2025 passed in Criminal Misc. Bail Application No.21407 of 2025. Chargesheet has been submitted against the applicant, therefore, there is no requirement of custodial interrogation. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 26.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Samundra, involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad