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2025 DAILYLAW 8549 (ALL)

AFTAB AHMAD ALIAS GUDDU AND ANOTHER v. STATE OF U.P.

BAIL/1708/2025 · 2025-03-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33816 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1708 of 2025 Applicant :- Aftab Ahmad Alias Guddu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 60 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Rasra, District- Ballia during pendency of the trial. 3. Counsel for the applicants submits that the applicants are the close relatives of the informant and have been falsely implicated in the present case. No sale deed has been executed by the applicants in favour of any third party. The dispute is purely civil in nature. The applicants are in jail since 12.11.2024 and having no criminal history. In case they are enlarged on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds the the present dispute is purely civil in nature. No sale deed has been executed by the applicants. The applicants have no criminal antecedents. Further the applicants have presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when 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 intimidate the witness, 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, Aftab Ahmad @ Guddu and Abdul Bari involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants shall appear on each and every date fixed by the trial court. 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 :- 6.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad