Ayan Vs State of U.P.

Neutral Citation No. - 2025:AHC:145052

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28811 of 2025

Applicant :- Ayan Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the F.I.R. was lodged in unknown with the allegation that three accused persons looted ninety to ninety five thousand rupees from the informant. On the basis of information furnished by an informer, the applicant was arrested along with one other co-accused and false recovery of one country made pistol along with one live cartridge, three thousand rupees and two cheques of informant have been shown from his possession, but such recovery has no independent witness and the same is implanted upon the applicant with malicious intention. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is languishing in jail since 01.07.2025.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Ayan, be enlarged on bail in Case Crime No. 294 of 2025, under Sections 309(4), 352, 351(2), 317(2) of B.N.S., Police Station- Bilari, District- Moradabad, on executing a personal bond and furnishing two local 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 not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution

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witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 22.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Ayan v. State of U.P.

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