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Neutral Citation No. - 2025:AHC:111761 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23019 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- Abhishek Trivedi,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rama Shanker Mishra, learned counsel for the applicant, Sri Abhishek Trivedi, learned counsel for the first informant and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State and perused the material available on record.
2. Applicant seeks bail in Case Crime No. 214 of 2025, under Sections 115(2), 109(1), 352, 351(3) and 3(5) of B.N.S., Police Station - Sadar Bazar, District - Shahjahanpur, during the pendency of trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present. It is further submitted that as per first information report, the only allegation against the applicant is of exhortation. Subsequently, victim in his statement recorded under Section 180 of B. N.S.S., assigned general role to all the accused persons of beating and the role of firing has been assigned to co-accused Rahul Gupta. The applicant is a law abiding citizen and is languishing in jail since 18.04.2025 having no criminal history. Charge has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. 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, 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- Aman, 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 :- 11.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad