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Neutral Citation No. - 2025:AHC:11643 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2402 of 2025 Applicant :- Amit Kumar Alias Pikki Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party.
2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 539 of 2024, under Sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Civil Lines, District Moradabad during the pendency of the trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. At this stage there is no credible evidence to establish that any amount was paid in cash to the applicant. No incident as alleged had occurred. On identical
facts, the applicant has been granted bail by this Court vide order dated 17.01.2025 passed in Criminal Misc. Bail Application No. 1360 of 2025, Amit Kumar alias Pikki v. State of U.P.. The criminal history of the applicant has been explained in Paragraph- 19 of the affidavit. The applicant is in jail since 22.10.2024 and if he is released on bail, he will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that at this stage there is no substantive evidence to establish that any amount was paid in cash to the applicant. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore,
without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Amit Kumar alias Pikki, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.1.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad