Pappu Vs State of U.P.

Neutral Citation No. - 2025:AHC:54734

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12199 of 2025

Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Chaudhary,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 619 of 2022, under Sections 302 IPC, Police Station Kankarkheda, District Meerut, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation, name of the co-accused Ankit was surfaced through the statement of one Abha and when police arrested coaccused Ankit then unfortunately at that time, applicant was also alongwith him and therefore, applicant was also arrested alongwith co-accused Ankit.

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He further submitted that except statement of co-accused and confessional statement of the applicant, there is no other cogent evidence against the applicant, on record.

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He further submitted that co-accused Ankit after considering entire facts of the case in details has already been released on bail by the co-ordinate Bench of this Court vide order dated 17.2.2025 passed in Crl. Misc. Bail Application No. 41197 of 2024 and on facts, case of applicant is at par with him.

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He further submitted that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 23.8.2022 i.e. for last more than two and half years.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and during investigation, applicant has been made accused in the the present matter alongwith co-accused Ankit and co-accused Ankit has already been released on bail by the co-ordinate Bench of this Court and on facts, case of applicant is at par with him.

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Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 23.8.2022 i.e. for last more than two and half years.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Pappu, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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

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merits of the case during trial.

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Order Date :- 15.4.2025 Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Pappu v. State of U.P.

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