Kaluwa vs State of U.P.

Neutral Citation No. - 2025:AHC:80879

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6511 of 2025

Applicant :- Kaluwa Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Satish Chandra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ram Raj Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 449 of 2024, under Sections 191(2), 115(2), 125, 109(1) and 103(2) BNS, Police Station Dibai, District Bulandshahar, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, he has been made accused in the present matter on the basis of general and omnibus allegation.

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He further submitted that co-accused Suheb@ Suhel was named in the FIR and after considering entire facts of the case in detail, he has been released on bail by this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 1965 of 2025 and case of applicant is at better footing than him.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 23.08.2024 i.e. for last more than eight months.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned

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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 argument advanced by learned counsel for the applicant and the fact that named accused Suhel @ Suheb has already been released on bail by this Court and case of applicant is at better footing than him and applicant is not having any criminal history and he is in jail in the present matter for last more than six months, 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-Kaluwa 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

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application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 15.5.2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Kaluwa v. State of U.P.

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Kaluwa v. State of U.P.

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