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2025 DAILYLAW 108431 (ALL)

VIRENDRA v. STATE OF U.P.

BAIL/43290/2024 · 2025-03-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36290 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43290 of 2024 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Singh,Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Ajay Kumar, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Virendra, seeking enlargement on bail in Case Crime No. 185 of 2024, under Sections 352, 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station -Mangalpur, District -Kanpur Dehat. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to land dispute and is languishing in jail since 11.10.2024. He has criminal history of two more cases and in both the cases he is on bail and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 17.07.2024 has been lodged by the first informant against three named accused persons including the applicant with allegation that they beaten her Jeth's son (Jeth ka ladka) with lathi, danda and axe and left him unconscious. It is stated that as per F.I.R. general allegations have been levelled against the applicant and no specific role has been assigned to any of the accused person. There is no independent witness of the alleged incident. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Virendra, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 12.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad