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2025 DAILYLAW 101858 (ALL)

TUSHAR v. STATE OF U.P. AND 3 OTHERS

BAIL/33901/2025 · 2025-10-06

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33901 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Vakalatnama filed by Shri Akhileshwar Pratap Singh, learned counsel on behalf of first informant is taken on record. Heard Shri Adesh Kumar, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Tushar, seeking enlargement on bail in Case Crime No. 445 of 2025, under Sections 74, 351 (2), 191 (2), 191 (3), 190, 115 (2), 352, 304 (2), 109 (1) of the Bharatiya Nyaya Sanhita, 2023 and Section 7/8 POCSO Act, Police Station Kankarkhera, District Meerut, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.7.2025. Learned counsel for the applicant submits that it is case of sudden provocation. No internal damage found on the person of injured. General allegations have been levelled against the applicant. No specific allegation has been levelled against the applicant. Main allegation has been levelled against the co-accused Krish and his role is clearly distinguishable from the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Adesh Kumar, Shobit Chaudhary Counsel for Opposite Party(s) : G.A. Tushar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Tushar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Ravi Prakash BAIL No. 33901 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad