Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135460 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25728 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned
Additional
Government
Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Anil with a prayer to release him on bail in Case Crime No. 164 of 2025, under Sections 309(4), 115(2), 352, 351(3), 317(2) B.N.S. and Sections 3/25 Arms Act, Police Station Karari, District Kaushambi during the pendency of trial. 3-As per the prosecution case in brief, the main allegation against the present applicant is that on 07.05.2025 at about 07:00 o'clock, when the victim was running, applicant who is also the resident of the same village has snatched the mobile phone of the victim and also badly assaulted her whereby she has received injuries. 4-It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. The details of the mobile phone (name of the mobile company, colour of the mobile, IMEI number of the mobile, etc.) have not been disclosed in the F.I.R. It is next argued that on 09.05.2025, police has shown a false recovery of mobile of the victim from the possession of the applicant whereas there is no independent witness of the said recovery. It is also submitted that in the F.I.R., it is the specific case of the prosecution that the victim was badly beaten by the applicant, due to which she received injuries but later on, father of the victim has moved an application stating inter-alia that since she has not received any visible injury, therefore, he does not
want his daughter to be medically examined. The applicant has a criminal history of two cases, in which he has been granted bail, averment in this regard has been made in paragraph no. 25 of the affidavit. It is also pointed out that after culmination of investigation, charge-sheet has been submitted in this case and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 09.05.2025.
In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and
submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant-Anil, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not
involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 11.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad