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Neutral Citation No. - 2025:AHC:112681 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21328 of 2025 Applicant :- Abul Hasan @ Imran And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kushagra Srivastava, Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shahrukh, learned counsel for the applicants, Sri Uday Bhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicants on bail during the trial in Case Crime No. 25 of 2025, under Sections 303(2), 318(4), 317(2) BNS, Police Station- Shalimar Garden, District Ghaziabad.
3. Contention of learned counsel for the applicants is that the applicants were not named in the FIR and allegations were made against two unknown persons, who played trick with the victim and took her jewellery. Subsequently, after three months on the basis of recovery of one pair ring of yellow metal and Rs.90,000/- from the applicant no.1 and Rs.1,10,000/- along with one ring of yellow metal from the possession of the applicant no.2, they have been falsely implicated. He further submitted that the aforesaid recovery was not witnessed by any independent witness. It is further submitted that even no test identification parade was conducted by the police so that the victim could identify the applicant. The applicant has no criminal history, except two cases planted on the basis of above mentioned recovery, which have been explained in the accompany affidavit. It is further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicants are languishing in jail since 12.03.2025. In case, they are granted bail, they 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.
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 applicants are entitled to be enlarged on bail.
6. Let the applicants- Abul Hasan @ Imran and Mohd. Kalam involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them.
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 :- 14.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad