Vishesh Saini Alias Vishwas Alias Sundar vs State of U.P.

Neutral Citation No. - 2025:AHC:9242

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 636 of 2025

Applicant :- Vishesh Saini Alias Vishwas Alias Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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

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Heard Sri Mohd. Nasir, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.602 of 2024, under Sections 318(2), 338, 336(3), 340(2), 341(2) BNS, Police Station Nandgram, District Ghaziabad, during pendency of the trial.

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Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused along with coaccused Gaurav Kumar Tiwari, Jony @ Akshat Kumar and Mohd. Faizal @ Faizu and with the detailed order all the above 3 coaccused have been released on bail by this Court and their bail orders have annexed as Annexure No.3 to the affidaivt and case of applicant is at par with them.

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He further submits that applicant is not having any previous criminal history and all the alleged offeces are triable by Magistrate and in the present matter, applicant is in jail since 06.07.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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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Considering the fact that similarly placed 3 co-accused have

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already been released on bail by this Court and applicant is not having any previous criminal history and all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 06.07.2024, 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 - Vishesh Saini Alias Vishwas Alias Sundar 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 :- 20.1.2025 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Vishesh Saini Alias Vishwas Alias Sundar v. State of U.P.

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Vishesh Saini Alias Vishwas Alias Sundar v. State of U.P.

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