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Neutral Citation No. - 2025:AHC:115139 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23606 of 2025 Applicant :- Brajbhan Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Om Prakash Singh, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. 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. 275 of 2024, under Sections- 318(4), 303(2), 317(2), 317(5) B.N.C., Police Station- Etmaddaulla, District- Agra, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant in not named in the first information report. Subsequently, mainly on the basis of recovery of three A.T.M. cards and Rs. 500/-, he has been falsely implicated in the present case. The above recovery was not witnessed by any independent witness. He further submitted that similarly placed co-accused Shyam Shankar has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.33625 of 2024 vide order dated 28.04.2025, hence, the applicant is also entitled to be released on bail. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 26.07.2024. In
case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
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.
6. Let the applicant- Brajbhan Saroj, 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 :- 16.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad