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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25622 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. List revised. None appears for the informant though name of Shri Vinod Shankar Tripathi is printed on her behalf.
2. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
3. Learned counsel for the applicant submits that applicants are innocent and have falsely been implicated in the present case. Learned counsel for the applicants further submits that earlier applicants approached this Court by filing Criminal Misc. Bail Application No. 25898 of 2025 and this Court vide order dated 29.07.2025 after considering the entire facts and circumstances of the case by a detailed judgment and order has
directed the applicant to be enlarged on bail in Case Crime No. 106 of 2025, under Sections 109(1), 115(2), 352, 351(3) of B.N.S. Learned counsel for the applicant further submits that earlier prior to the bail rejection order passed by the court concerned, the Investigating Officer has already submitted charge sheet against the applicants under Sections 109(1), 115(2), 352, 351(3) of B.N.S. along with the added Sections 3(5), 117(2) of B.N.S., which fact was not into the knowledge of the applicants or their counsel and they applied for bail before the court concerned under Sections 109(1), 115(2), 352, 351(3) of B.N.S., and that fact came into knowledge when their bail was rejected by the court concerned vide order dated 17.06.2025, therefore, the present bail application has been filed by the applicants to enlarge them on bail in the added offence under Section 117(2), 3(5) of B.N.S. in the same crime. Several other submissions in
order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court Versus Counsel for Applicant(s) : Rajiv Sisodia, Shashank Dwivedi Counsel for Opposite Party(s) : G.A., Vinod Shankar Tripathi Ankush And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
may deem fit to impose upon them. He next submits that applicants are languishing in jail since 02.05.2025, having no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of applicants by contending that innocence of applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence, but they have not disputed that initially the applicants were enlarged on bail by this Court in other sections in the same crime. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicants may be enlarged on bail. 6. Let applicants-Ankush and Sachin, involved in Case Crime No. 106 of 2025, under Sections 117(2), 3(5) of B.N.S., Police Station Haldaur, District Bijnor, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) Applicants shall not tamper with the prosecution evidence. ii) Applicants shall not threaten or harass the prosecution witnesses. iii) Applicants shall appear on the date fixed by the trial court. iv) Applicants shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicants in accordance with law. September 16, 2025 Mustaqeem./Shashi BAIL No. 25622 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad