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2025 DAILYLAW 98835 (ALL)

ANKUR AND ANOTHER v. STATE OF U.P.

BAIL/32523/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32523 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Ajay Kumar Mishra, learned counsel for the applicants as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No. 19 of 2025, under Sections 318(4), 319(2), 61(2) B.N.S. and 66C/66D I.T. Act, Police Station- Cyber Crime Police Thana Amroha, District- Amroha, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. A false recovery of laptop, mobile phones and SIM cards have been foisted on the applicant and other accused persons. There is nothing on record to connect the applicant with the crime. 5. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicant no.1 and that of applicant no.2 has been explained. The applicants are languishing in jail since 29.6.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Ankur And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 7. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants- Ankur and Yogendra Alias Kallu, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Vikas Verma BAIL No. 32523 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad