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Neutral Citation No. - 2025:AHC:113879 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22353 of 2025 Applicant :- Satyabhan Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Satya Narayan Yadav, learned counsel for the applicant, Ms. Ruchi Mishra, learned State Law Officer for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 33 of 2025, u/s 109(1), 115(2), 117(2), 118(1), 351(2), 352 B.N.S., P.S.- Khairgarh, District- Firozabad, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that it is a cross case and both sides have lodged FIR against each other. There is no motive or intention assigned to the applicant for committing the offence. The applicant has been falsely implicated in this case. The applicant is having criminal history of two cases, which has been explained in para-21 of the bail application. It is further submitted that co-accused persons, Devendra Sharma and Ram Veer, have already been enlarged on bail by this Court vide orders dated 01.07.2025 and 02.07.2025 passed in Criminal Misc. Bail Application Nos. 22528 of 2025 and 21743 of 2025 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 28.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned State Law Officer has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused persons who have already been released on bail.
5. 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 on the ground of parity.
6. Let the applicant- Satyabhan, 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 :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad