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Neutral Citation No. - 2025:AHC:20679 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43723 of 2024 Applicant :- Nishant Verma Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Nishant Verma, seeking enlargement on bail in Case Crime No. 266 of 2024 under Sections 191 (2), 115 (2), 352, 109 (1), 118 (2) B.N.S. Police Station Ram Chandra Mission, District -Shahjahanpur.
Learned counsel for the applicant argued that the accused- applicant is innocent. Applicant is languishing in jail since
08.10.2024. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 15.09.2024 for an incident taken place on 14.09.2024 with the allegation that the injured Dev Saxena along with applicant and other accused persons went to Green City Bypass where some altercations took place between them and in between the applicant has given fire arm shot to the injured. Learned counsel for the applicant submits that the injured in his statement has said that the injured himself was armed with the country made pistol and during scuffle the injured tried to give firm arm shot to the applicant and during scuffle fire was opened which hit the thigh of the injured which is clear from the statement of the injured, his mother namely Alka Saxena and other witnesses. Criminal history of seven cases has been explained in paragraph nos. 21 of the affidavit filed in support of bail application and there is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Nishant Verma, 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 :- 13.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad