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2025 DAILYLAW 107860 (ALL)

KAILASH v. STATE OF U.P.

BAIL/42959/2024 · 2025-02-16

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22205 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42959 of 2024 Applicant :- Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh,Rateesh Singh Counsel for Opposite Party :- Anurag Verma,Ashok Kumar Singh,G.A.,Vinod Tripathi Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Ashok Kumar Singh, counsel for the informant, Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party and perused the record.. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 334 of 2024, under Sections 318(4), 338, 336(3), 340(2) of B.N.S., Police Station Narkhi, District Firozabad, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had married the victim on 22.09.2017 and, thereafter, the applicant and the informant filed Writ C No. 47160 of 2017 before this Court. This court vide order dated 09.10.2017 directed the respondents of the said writ petition not to interfere in the marital life of the applicant and the informant. The applicant and the informant were present in Court on 09.10.2017 duly identified by their counsels. In such circumstances, it was contended that the allegations in the present F.I.R. is only for the purposes of harassment. The applicant has not manipulated nor forged any documents. The criminal history of the applicant has been explained in para no. 9 of the bail application. The applicant is in jail since 24.09.2024, and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant and the informant filed Writ C No. 47160 of 2017 before this Court. This court vide order dated 09.10.2017 directed the respondents of the said writ petition not to interfere in the marital life of the applicant and the informant. The applicant and the informant were present in Court on 09.10.2017 duly identified by their counsels. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Kailash, involved in the 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad