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Neutral Citation No. - 2025:AHC:40589 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2113 of 2025 Applicant :- Amitabh Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0289 of 2024, registered under Sections 305(a), 331(4) B.N.S. and added Sections 317(2), 317(4), 317(5) and 3(5) of B.N.S. Police Station- Kotwali Chunar, District- Mirzapur, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Further, similarly placed co-accused, Manoj Seth has been granted bail by Co-ordinate Bench of this Court vide order dated 05.02.2025 passed in Criminal Misc. Bail Application No. 44906 of 2024 and claims parity with the co-accused persons. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since 22.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Amitabh Rajbhar, who is involved in the aforesaid case crime, be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad