Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28324 pCourt No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43618 of 2024 Applicant :- Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Keshari Nandan Singh, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State- opposite party and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Chhotu, seeking enlargement on bail in Case Crime No. 222 of 2024, under Sections 370 of the Indian Penal Code, Police Station Mughalsarai, District - Chandauli.
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 08.06.2024. 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 as per the prosecution story, the applicant and co-accused were going to Delhi along with 9 minor children in order to provide the children work at a toy company on a monthly wages of Rs. 6000/-. He further submits that there is no independent witness of the said incident and nothing incriminating has been recovered from the possession of the applicant. The Investigating Officer has also submitted the chargesheet and no useful purpose would be served by detaining the applicant. 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-applicant, Chhotu, 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 :- 28.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad