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Neutral Citation No. - 2025:AHC:42870 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1630 of 2025 Applicant :- Govind Kumar Mahto Opposite Party :- State of U.P. Counsel for Applicant :- Apurva Prakash Tiwari,Ramanuj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Ashwani Tripathi holding brief of Sri Ramanuj Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 140 of 2024, registered under Sections 304, 317(2), 317(4), 317(5) of BNS, Police Station Shaktinagar, District Sonbhadra, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant claims parity with co-accused, Kundan Kumar Mahto, Arjun Mandal, Goga Noniya, who have been granted bail by co-ordinate Bench of this Court vide orders dated 16.01.2025, 14.02.2025 respectively, One case of criminal history of the applicant has been explained in supplementary affidavit. The applicant is languishing in jail since 27.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. 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 and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Govind Kumar Mahto, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad