Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14419 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44370 of 2024 Applicant :- Satyaprakash @ Satto Opposite Party :- State of U.P. Counsel for Applicant :- Indra Raj Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by the learned A.G.A. is taken on record. Heard Shri Indra Raj, learned counsel for the applicant, Shri Ajay Singh, 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- applicant, Satyaprakash @ Satto, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 190, 191(2), 193(3), 121(2), 135, 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and 3/5 Prevention of Damages to Public Property Act and 7 Criminal Law Amendment Act and 3(1), 58 Mines and Minerals Act, Police Station- Kheragarh, District- Agra.
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 14.09.2024. Applicant was not named in the First Information Report. His name has been surfaced in the statement of independent witness. No specific role has been assigned to the applicant. Co-accused namely Mukesh Kumar Agarwal, has been granted bail by this Court in Criminal Misc. Bail Application No. 38235 of 2024 vide
order dated 02.12.2024. He has no criminal antecedent except the present case and one other Case Crime No. 157 of 2024, 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 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, Satyaprakash @ Satto, 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 :- 31.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad