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Neutral Citation No. - 2025:AHC:20139 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33769 of 2024 Applicant :- Tanishk Opposite Party :- State of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Asheesh Kumar Tiwari, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.265 of 2024, under Sections 392, 411 IPC, Police Station Nai Mandi, District Muzaffar Nagar, during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown person with regard to a robbery and during investigation, applicant has been made accused in the present matter alongwith several others and as per allegation, from the possession of the applicant and other accused Rs.1,00,000/- each were recovered, which were part of the alleged looted money but after considering the entire facts of the case, number of co-accused persons including co-accused Abhisek Nagar and Tarun @ Aryaman have been released on bail by this Court vide orders dated 31.01.2025 and 01.10.2024 passed in Criminal Misc. Bail Application No.31650 of 2024 and and 32347 of 2024, respectively and on merit, case of applicant is at par with them. 4. He further submits that applicant is student and he is having no criminal history and all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 27.06.2024 i.e. for last more than seven months. 5. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned
counsel for the applicant. 6. I have heard both the parties and perused the record of the case. 7. However, as per allegation, when applicant and other accused were arrested including Abhisek Nagar and Tarun @ Aryaman then from their possession Rs.1,00,000/- each were recovered, which was the alleged looted money but it reflects, after considering the entire facts of the case, co-accused Abhisek Nagar and Tarun @ Aryaman have been released on bail by this Court vide orders dated 31.01.2025 and 01.10.2024 and on merit, case of applicant is at par with them. 8.
Further, applicant is student and he is having no criminal history and all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 27.06.2024 i.e. for last more than seven months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Tanishk be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail
application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad