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2025 DAILYLAW 102370 (ALL)

DEEPAK SAGAR v. STATE OF U.P.

BAIL/33690/2025 · 2025-10-05

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33690 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Dharmendra Shukla & Shri Karunesh Narayan Tripathi learned counsel for the applicant, Shri Rajesh Kumar Singh, 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, Deepak Sagar, seeking enlargement on bail in Case Crime No. 375 of 2025, under Sections 64 (1), 333, 351 (3), 352, 308 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Izzat Nagar, District Bareilly, 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 30.4.2025. Learned counsel for the applicant submits that incident is of dated 21.4.2025 and FIR has been lodged on 28.4.2025 with the delay of 07 days and no plausible explanation has been given. Learned counsel for the applicant submits that initially husband of the first informant had moved an application under Section 156 (3) Cr.P.C., against applicant and his wife with the allegation that first informant and applicant had love affairs and she went with the applicant and was living with the applicant. Learned counsel for the applicant submits that perusal of the same discloses that applicant and first informant was in consensual relationship. Later on, first informant under the pressure of her husband, falsely implicate the applicant. He has no criminal antecedent and there is no Versus Counsel for Applicant(s) : Dharmendra Shukla, Karunesh Narayan Tripathi Counsel for Opposite Party(s) : G.A. Deepak Sagar .....Applicant(s) State of U.P. .....Opposite Party(s) likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has 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, Deepak Sagar, 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 6, 2025 Ravi Prakash BAIL No. 33690 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad