Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13999 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43682 of 2024 Applicant :- Km Anchal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amitesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Amitesh Kumar Mishra, learned counsel for the applicants, Sri R.K. Srivastava, 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- applicants, Km. Anchal and Km. Soni, seeking enlargement on bail in Case Crime No. 580 of 2024, under Sections 191(2), 191(3), 190, 109, 131, 121(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law Act, Police Station- Meer Ganj, District- Bareilly.
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
06.10.2024. 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. Learned counsel for the applicant submits that in the altercation, both the parties received injuries. Injuries sustained by the injured are simple in nature. Nothing incriminating has been recovered from the applicant. Co-accused, Rashid has already been granted bail by this Court vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No. 42244 of 2024. 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-applicants, Km. Anchal and Km. Soni, 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad