Golu Alias Juli vs State of U.P.

Neutral Citation No. - 2025:AHC:54013

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8366 of 2025

Applicant :- Golu Alias Juli Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sonkar,Santosh Singh,Suresh Chandra Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Santosh Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 116 of 2024, under Sections 140(3), 103, 238, 3(5) BNS, Police Station- Kachhwa, District- Mirzapur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against two persons (non applicant) with regard to murder of son of the informant.

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He further submitted that during investigation when the statement of informant was recorded then she disclosed that applicant was last seen along with the deceased and co-accused Ashish Maurya, Ritik Maurya, Ajay and Vishal Saroj and on the basis of statement of the informant, applicant has been made accused in the present matter. He further submitted that even from the statement of the informant, it could not be reflected that she herself witnessed the applicant and others along with the deceased and, therefore, it appears, her statement is based on hearsay evidence.

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He further submitted that after considering entire facts of the case in detail, co-accused Ashish Maurya, Ritik Maurya and Vishal Saroj have already been released on bail by co-ordinate Bench of this Court and their bail orders have been annexed as Annexure No. 5 of the affidavit and on facts, case of applicant is at par with them.

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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 19.12.2024.

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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 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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It is a case of circumstantial evidence and it appears, during investigation, through the statement of the informant, applicant has been made accused in the present matter along with others including co-accused Ashish Maurya, Ritik Maurya and Vishal Saroj and it reflects, co-accused Ashish Maurya, Ritik Maurya and Vishal Saroj have already been released on bail by coordinate Bench of this Court and on facts, case of applicant is at par with them.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 19.12.2024.

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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- Golu Alias Juli 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 antisocial 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 :- 11.4.2025/KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Golu Alias Juli v. State of U.P.

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Golu Alias Juli v. State of U.P.

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