Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35652 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43968 of 2024 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 257 of 2024, under Section 178, 179, 180 of BNS, 2023, Police Station Kutubsher, District Saharanpur.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that applicant has taken lift to the Verna Car in which fake currency was recovered after police raid. There is no any clinching evidence available on record which shows that applicant has committed the alleged offence. The recovery of fake currency is false and fabricated for which there is no independent witness of the alleged incident. It is a case of false implication. The applicant is languishing in jail since 02.09.2024. The applicant has no criminal antecedent except present case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 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, Mukesh, 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 :- 10.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad