Ashish Paliwal and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:13178

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2471 of 2025

Applicant :- Ashish Paliwal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash,Sanjay Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Om Prakash, learned counsel for the applicants, Sri Tej Bhan Singh, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed on behalf of applicants Ashish Paliwal and Atul Paliwal under Section 439 of the Code of Criminal Procedure, with a prayer to enlarge them on bail in Case Crime No. 131 of 2024 for offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code, registered at Police Station- Noida Section-39, District Gautam Buddha Nagar during pendency of the trial, after rejecting the bail application of the applicant by Special Judge (SC/ST Act), Gautam Buddha Nagar vide order dated 3.1.2025..

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Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive. It is further submitted that the first information report dated 06.03.2024 was lodged against the applicant and six other named persons on the basis of information received from police informer.

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It is further submitted that no incriminating article has been recovered from the possession of the applicants. Name of the applicants have been emerged in the confessional statement of coaccused persons, which is irrelevant.

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It is further submitted that co-accused Pramod Kumar Pathak has been granted bail by this Court in Crl. Misc. Bail Application No. 16968 of 2024, vide order dated 3.5.2024.

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He has next argued that the applicants are languishing in jail since 7.10.2024. It is further submitted that applicants have criminal

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history of two other cases which are explained in paragraph no. 15 of the affidavit.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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It is well settled position of law that bail is the rule and committal to jail is an exception and refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution [ Vide State of Rajasthan vs. Balchand @ Baliay (1977) 4 SCC 308 , Gudikanti Narasimhulu And Ors Vs. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429 and Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773].

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No material or circumstances has been brought to the notice of this Court with regard to tampering of evidence or intimidating of witnesses in previous criminal history.

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Keeping in mind, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, present bail application is allowed.

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Let the applicant Ashish Paliwal and Atul Paliwal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :-

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(i) The applicants shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(ii) The applicants shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 of Cr.P.C.

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(iv) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel.

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(vi) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

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The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 24.1.2025/A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Ashish Paliwal and Another v. State of U.P.

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