Anees vs State of U.P.

Neutral Citation No. - 2025:AHC:19719

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1357 of 2025

Applicant :- Anees Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shailesh Kumar Srivastava, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 157 of 2024, under Sections 310(2), 317(3) BNS, Police Station Nagina Dehat, District Bijnor, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and during investigation applicant has been made accused in the present matter alongwith others including co-accused Ajarudden and after considering entire facts of the case, co-accused Ajarudden has been released on bail by this Court and his bail order has been annexed at page 82 of the paper book and on facts, case of applicant is at par with him.

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He further submitted that apart from the present case, applicant is having no criminal history and in the present matter, applicant is in jail since 10.8.2024.

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Per contra, learned AGA opposed the prayer for bail and submitted that apart from present case, applicant is having criminal history of one another case relates to the provisions of Arms Act but could not dispute the other 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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However, it appears that applicant is having criminal history of one another case of Arms Act but as far as merit of the present case is concerned, during investigation applicant has been made accused in the present matter alongwith several others and coaccused Ajarudden has been released on bail by this Court and on facts, case of applicant is at par with him.

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Further, in the present matter, applicant is in jail since 10.8.2024.

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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- Anees, 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 merits of the case during trial.

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Order Date :- 11.2.2025

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Ankita

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

Anees v. State of U.P.

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Anees v. State of U.P.

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