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2025 DAILYLAW 7963 (ALL)

RIYAT AND ANOTHER v. STATE OF U.P.

BAIL/2921/2025 · 2025-03-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34973 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2921 of 2025 Applicant :- Riyat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- Arvind Kumar Mishra,G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Arvind Kumar Mishra, counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 317 of 2024, under Sections 109, 351(2) 131, 191(2), 190, 303 B.N.S., Police Station Doghat, District Bhaghpat, during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report, ten person including the applicants and 6-7 unknown persons are nominated. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders who assaulted the injured persons. Identically placed co-accused Khushal and Faruq have been granted bail by this Court vide orders dated 06.02.2025 and 27.02.2025 passed in Criminal Misc. Bail Application No.1669 of 2025 and Criminal Misc. Bail Application No.2563 of 2025 respectively. The applicants claim parity. The applicants are in jail since 27.11.2024 having no criminal history and if they are released on bail, they shall not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that a vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders who assaulted the injured persons. Identically placed co-accused Khushal and Faruq have been granted bail by this Court. The applicants have no criminal antecedents. Moreover, the applicants have remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting 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- Riyat and Daud, involved in the aforesaid case, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad