Neutral Citation No. - 2025:AHC:14501 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1876 of 2025 Applicant :- Bundela Alias Sarangi Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay,Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 256 of 2021 at Police Station Phaphamau District Prayagraj under Sections 147, 148, 149, 302, 376D, 120B I.P.C. The applicant is in jail since 17.07.2022. The bail application of the applicant was rejected by learned trial court on 20.12.2024. The following arguments made by Shri Amar Jeet Upadhyay, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1.The incident occurred on 23/24.11.2021. The F.I.R. was lodged on 25.11.2021. 2. The applicant was not named in the F.I.R. 3. The principal offenders who were nominated in the F.I.R. were exonerated by the police authorities since the said principal offenders are the persons of great influence. 4. The police had staged a fake encounter to burnish their professional credentials. 5. Three accused persons were nominated by the police authorities to rationalize the said fake encounter. 6. The applicant was not arrested in the aforesaid fake encounter as well. The applicant was nominated in the statements of the co-accused persons made before the police authorities who were arrested in the said encounter while in the custody of the latter. The said statements insofar as it implicates the applicant are not admissible in evidence. 7. There is no direct evidence against the applicant. 8. No incriminating article has been recovered from the applicant. 9. The applicant claims congruency in role and seeks parity in relief granted to the co-accused person- Pp Kumar @ Katwa who has been granted bail by this Court on 29.02.2024 in Criminal Misc. Bail Application No.5280 of 2024. 10. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 11. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Bundela Alias Sarangi 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 31.1.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad