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2025 DAILYLAW 110227 (ALL)

VINDRESH PATEL ALIAS NATTHU v. STATE OF U.P.

BAIL/45644/2024 · 2025-01-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13062 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45644 of 2024 Applicant :- Vindresh Patel Alias Natthu Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kashinath Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Deepak Kashinath Dubey, learned counsel for the applicant, Shri Ari Mardan Yadav, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vindresh Patel @ Natthu, seeking enlargement on bail in Case Crime No. 43 of 2024, under Sections 147, 323, 504, 506, 308, 325 of the Indian Penal Code, Police Station Cholapur, District Varanasi. 3. 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 27.11.2024; 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; as per the first information report, there is general allegation against the five accused persons of thrashing the injured with baton and stick; the injured is said to have treated at C.H.C., Cholapur, District-Varanasi and then he was referred to B.H.U, Varanasi; five fractures are found on his person as a result of injuries sustained by him; none of these fractures is on the vital part of the injured; all the fractures have been sustained in the hands or legs of the injured. co-accused namely Sunil Patel, Gurudayal Vishwakarma, Raju Vishwakarma and Ranjeet Vishwakarma @ Bkatu have already been released on bail vide order dated 15.05.2024 passed in Crl. Misc. Bail Application Nos. 12736 of 2024 and 12873 of 2024. Hence, bail has been prayed for. 4. L earned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Vindresh Patel @ Natthu, 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. 10. 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 :- 24.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad