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2025 DAILYLAW 70076 (ALL)

SANTOSH v. STATE OF U.P.

BAIL/22957/2025 · 2025-07-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116643 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22957 of 2025 Applicant :- Santosh Opposite Party :- State of U.P. Counsel for Applicant:- Saurabh Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Saurabh Singh, learned counsel for the applicant, Sri Bhagat Garg, learned counsel for the first informant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 1012 of 2024, under Sections 324(5), 326(G) BNS, Police Station- Highway, District- Mathura. 3. Contention of learned counsel for the applicant is that as per the FIR, the applicant was not named in the FIR and subsequently in the confessional statement of co-accused Ajay, name of the applicant came into light. As per the statement of co-accused Ajay, role assigned to the applicant is that the co-accused Ajay poured petrol over the godown of the first informant and thereafter co- accused Bunty and the applicant set it on fire. It is further submitted that even in the CCTV footage, the applicant could not be identified and only on the basis of doubt, he has been falsely implicated. It is further submitted that the applicant has no motive to set on fire the godown of the first informant and co-accused Ajay has motive and business rivalry with the first informant. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He also added that the applicant has no criminal history and he is languishing in jail since 22.02.2025. 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 counsel for the first informant as well as 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 applicant is entitled to be enlarged on bail. 6. Let the applicant- Santosh 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 :- 18.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad