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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30397 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that the informant is distributor and merchant of Fino Payment Bank Iilpais Money Ltd and her employees use to do work of cash collection from different places. On 03.06.2025 at about 10:30 P.M. her employees Bilal and Mohd. Anaf Khan were coming to Aligarh from Atrauli by bike after collecting the money in the meantime, a Bolero car came from their behind and hit the bike as a result of which, they fallen down and the accused in a Bolero car snatched away the bag from her employees and fled away. 3. Learned counsel for the applicant submits that the incident is alleged to have taken place on 03.06.2025 at about 22:30 hours, whereas the F.I.R. has been lodged on 04.06.2025 at about 02:02 hours against unknown person without there being any plausible explanation of such delay. Learned counsel further argued that the prosecution has shown the five cash receipt to demonstrate that Rs. 8,94,886/- has been looted, whereas the first informant alleged the robbery of Rs. 13,49,907/- Learned counsel further argued that from the possession of the applicant, Rs. 2 lacs has been recovered. Learned counsel further argued that in fact, the recovery of Rs. 2 lacs is the money belongs to the applicant since the applicant had taken an advance from the milk vendor for the purpose of marriage of his sister. Learned counsel further argued that according to the C.C.T.V. footage, the applicant was not seen furthermore the applicant was not put for identification parade before the alleged two witnesses namely Bilal and Mohd. Anaf Khan. Learned counsel also argued that the applicant is lad of 20 years and is a student having no criminal history, has been falsely implicated in the present case inspite of the fact that there is no evidence against him to connect him in commission of alleged offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Naveen Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since
14.06.2025. 4. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant Naveen Kumar be released on bail in Case Crime No.199 of 2025 under Sections 310(2), 317(3) of B.N.S. and Section 3/25/27 Arms Act, Police Station Harduaganj, District Aligarh, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. September 4, 2025 S.Ali BAIL No. 30397 of 2025 2 (Dr.
Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad