Gagan vs State of U.P.

Neutral Citation No. - 2025:AHC:29638

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7266 of 2025

Applicant :- Gagan Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Ashish Tyagi, learned Advocate, has filed his power on behalf of the informant, which is taken on record.

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Heard Sri Deepak Rana, learned counsel for the applicant, Sri Ashish Tyagi, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.288 of 2024, under Sections 147,148,149,302, 307, 341, 324 and 120B IPC, Police Station Loni Border, District Ghaziabad during pendency of the trial.

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Learned counsel for the applicant submits that in the present matter applicant has been made accused along with as many as 16 others including co-accused Sonu Baghel @ Sunil and after considering entire facts of the case co-accused Sonu Baghel @ Sunil has been released on bail by Coordinate Bench of this Court and his bail order has been annexed at page 67 of the paper book and on facts case of applicant is at par with him.

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He further submits that apart from the present case applicant is however, having criminal history of two other cases but his criminal history has been explained in the instant bail application.

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He further submits that applicant is in jail in the present matter

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since 12.6.2024, i.e., for the last more than eight months.

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Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the fact that co-accused Sonu Baghel @ Sunil has already been released on bail by Coordinate Bench of this Court and on facts case of applicant is at par with him.

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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 reflects that applicant has been named in the FIR but FIR suggests that there are as many as 17 named accused including applicant and co-accused Sonu Baghel @ Sunil and coaccused Sonu Baghel @ Sunil has already been released on bail by Coordinate Bench of this Court and on merit case of applicant is at par with him.

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Further, however. apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application.

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Further, applicant is in jail in the present matter since 12.6.2024, i.e., for the last more than eight months.

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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- Gagan 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 :- 3.3.2025 SKM

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

Gagan v. State of U.P.

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Gagan v. State of U.P.

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