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Neutral Citation No. - 2025:AHC:117123 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24789 of 2025 Applicant :- Rohit And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kamar Shah Alam,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mohd. Kamar Shah Alam, learned counsel for the applicants and Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the material available on record.
2. Applicants seeks bail in Case Crime No. 228 of 2025, under Sections 109 and 3(5) of B.N.S., Police Station - Mahrauni, District - Lalitput, during the pendency of trial.
3. Learned counsel for the applicants submitted that the applicants are innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicants were not named in the first information report. Subsequently, on the basis of confessional statement of co-accused, applicants were arrested though no incriminating articles have been recovered either from the pointing out or from the possession of the applicants. The applicants are law abiding citizens and are languishing in jail since 06.06.2025 having no criminal history. Charge has already been submitted, 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 applicants are entitled to be enlarged on bail.
6. Let the applicants- Rohit, Nepal @ Raja Goud, Khushiram and Akash Goud, involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad