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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31669 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. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present. Learned counsel further argued that the F.I.R. was lodged against two unknown persons and that the applicant was arrested on the information of police informer, which has culminated into false implication of the applicant in the present case. Learned counsel further argued that from the possession of applicant Rs. 1,10,000/- as well as one anklet and adhar card are alleged to have been recovered. He further submits that the applicant was working with the cloth merchant namely, Shahrukh on whose instruction the applicant was going to make payment to wholesale dealer at Delhi and on the way police arrested the applicant. When the police police found Rs. 1,100,00/- from the possession of the applicant, the police has falsely shown the recovery of adhar card and white metal anklet from the possession of the applicant when in fact no such adhar and white metal anklet was recovered from the possession of the applicant. Learned counsel also submits that there is no independent witness of alleged recovery and that no identification parade has been conducted. Learned counsel thus argued that the applicant has been falsely implicated in the present case. 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 applicant is languishing in jail since 12.07.2025. Versus Counsel for Applicant(s) : Arvind Kumar Mishra, Devendra Mishra Counsel for Opposite Party(s) : G.A. Danish .....Applicant(s) State of U.P. .....Opposite Party(s)
3.
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. 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 Danish be released on bail in Case Crime No.329 of 2025 under Sections 305, 331(3), 317(2) of B.N.S., Police Station Nai Mandi, District Muzaffar Nagar 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. 6. 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 16, 2025 S.Ali BAIL No. 31669 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad