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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33269 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 material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged in unknown with the allegation that some unknown persons after breaking the lock of almirah looted some gold ornaments and twelve thousand rupees from the house of the informant. Learned counsel further submits that on the information of informer the police arrested four persons including the applicant and from the possession of applicant Rs. 8800/- along with two mobile phones has been recovered, but such recovery is false and fabricated and the same has been implanted upon the applicant by the police as there is no independent witness of such recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have 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 prior to arrest of applicant there was no criminal case against him but after his arrest the applicant has been implicated in four other cases. The Versus Counsel for Applicant(s) : Gaurav Kumar Shukla Counsel for Opposite Party(s) : G.A. Anil Nishad .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant is in jail since 10.07.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. 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. 5.
Let the applicant-Anil Nishad, be enlarged on bail in Case Crime No. 102 of 2025, under Sections 331(4), 305, 317(2), 317(4) of B.N.S., Police Station- Dubauliya, District- Basti, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 25, 2025 Mustaqeem. BAIL No. 33269 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad