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Neutral Citation No. - 2025:AHC:17684 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2957 of 2025 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 171 of 2023 at Police Station Atruali, District Aligarh under Sections 302, 147, 34 I.P.C. The applicant is in jail since 28.11.2024. The bail application of the applicant was rejected by the learned trial court on 23.12.2024. The following arguments made by Shri Omvir Singh Rajpoot, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail:
1. The applicant was granted bail by this Court on
28.02.2024. 2. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor influenced
any witness. 3. The applicant had been appearing in the trial proceedings on various dates. Subsequently on some occasions adjournment applications were made on behalf of the applicant as his counsel was not in a position to argue the matter. 4. The said application was rejected and non bailable warrant was issued. The applicant was not informed about the issuance of the non bailable warrants. In fact the applicant had appeared before the trial court on dates subsequent to the NBWs. This fact has been attested by the signatures made on the ordersheet by the applicant on the said dates. Even at that point in time, the applicant was not informed that non bailable warrants had been issued against him. 5. The absence of the applicant was for bonafide reasons and circumstances beyond his control. He undertakes to appear before the trial court unless exempted. 6. The applicant does not have any criminal history apart from this case. 7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Satish be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 6.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad