Sadan Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:46138

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9264 of 2024

Applicant :- Sadan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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It has been contended by learned counsel for the applicant that the present applicant is languishing in jail since 15.02.2024 in Case Crime No.31 of 2024, under Sections 302/34 of IPC, Police Station Kotwali Tanda, District Ambedkar Nagar.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned F.I.R., wherein the allegation has been levelled against three accused persons including the applicant.

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Learned counsel has further submitted that in the FIR, general allegation of assault in beating has been attributed to all accused persons, but specific role of stabbing has been attributed to the co-accused Gufran. The role attributed to the present applicant and co-accused Golu @ Jane Alam is of catching/holding. The knife has been recovered on the pointing out of the co-accusedGufran. It is next submitted that the co-accused Golu @ Jane Alam has already been granted bail by a coordinate bench of this Court vide order dated 16.7.2025 passed in Criminal Misc. Bail Application No. 9931 of 2024. Hence, the present applicant claims parity.

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Learned counsel has also submitted that the present applicant is a young person of 18 years pursuing his studies but on account of being in jail since 15.02.2024, he is unable to pursue his studies. After releasing from jail, he may pursue his studies. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed, therefore, if the present applicant is released on bail, there is no likelihood to influence the evidence or tamper the evidence. He undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted.

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Learned A.G.A. has vehemently opposed the prayer for bail of the present applicant but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the FIR, general allegation of assault in beating has been attributed to all accused persons, but specific role of stabbing has been attributed to coaccused Gufran; the knife has been recovered on the pointing out of the co-accused- Gufran; the present applicant is in jail since 15.02.2024, therefore, he is unable to pursue his studies; chargesheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever; the co-accused Golu @ Jane Alam has already been granted bail and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case on the ground of parity.

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Accordingly, the instant bail application is allowed .

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Let the applicant- Sadan involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may

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proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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Order Date :- 7.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sadan v. State of U.P. Thru. Prin. Secy. Home Lko.

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Sadan v. State of U.P. Thru. Prin. Secy. Home Lko.

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