Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116567 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23977 of 2025 Applicant :- Akhtar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ravindra Kumar, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 246 of 2016, under Sections 363, 366 IPC, Police Station- Jhinjhana, District Shamli.
3. Learned counsel for the applicant submitted that in the FIR, allegation was made by the first informant that four accused persons including the applicant to entice away the daughter of the first informant but the victim in her statement recorded under Section 164 Cr.P.C. did not make any allegation against the applicant. Police has submitted final report on 22.04.2025. However, during the trial, on the basis of statement of victim, the applicant has been summoned under Section 319 Cr.P.C. though no specific allegation has been made by the victim against the applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 30.04.2025. 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 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- Akhtar 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