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2025 DAILYLAW 10742 (ALL)

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

BAIL/3367/2025 · 2025-04-28

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66349 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3367 of 2025 Applicant :- Sippu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.,Pooja Hon'ble Ashutosh Srivastava,J. Heard Shri Kamal Singh, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and Ms. Pooja, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sippu, seeking enlargement on bail in Case Crime No. 217 of 2024, under Sections 76, 351 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 9M/10 of POCSO Act, Police Station Kalpi, District Jalaun. 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 3.10.2024. Learned counsel for the applicant submits that there is delay of 21 days in lodging the FIR. No explanation has been given for the same. There is material contradiction in the statements of victim, FIR and statements of other witnesses. It is a case of money dispute between the applicant and first informant. Learned counsel for the applicant submits that statement of first informant Raj Karan has been recorded before the Court below as PW-1. In his statement, the witness Raj Karan has not supported the case of prosecution and turned hostile. In support of his submission, learned counsel for the applicant has passed on photostat copy of statement of PW-1 recorded before the Court below . 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. Learned AGA and 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, Sippu, 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. Order Date :- 29.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad