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Neutral Citation No. - 2025:AHC:27579 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3120 of 2025 Applicant :- Deepchand Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri V. S. Tripathi, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepchand Agrawal, seeking enlargement on bail in Case Crime No. 682 of 2024, under Sections 109, 61(2) and 248 of the Bharatiya Nyaya Sanhita, 2023, Police Station Hapur Nagar, District Hapur.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that in the present case the applicant himself is the first informant and he has not hatched any conspiracy against the persons named in the FIR. He further submits that the Police had caught one Arif, who has been assigned the role of cause firearm injury but due to ulterior motive the Police made the main accused to the applicant (first informant) in the present case. In the present case charge- sheet has been filed and the applicant is not required for any further custodial interrogation. He further submits that there was an old enmity between the applicant and the persons named in the FIR with regard to land and the applicant has been falsely implicated in the present case. There is no independent witness of the alleged incident. The applicant is languishing in jail since
11.10.2024. The applicant 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, the bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Deepchand Agrawal, 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 :- 27.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad