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2025 DAILYLAW 110310 (ALL)

DEEPANSHU v. STATE OF U.P.

BAIL/45836/2024 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21059 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45836 of 2024 Applicant :- Deepanshu Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sandeep Kumar Srivastava, 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, Deepanshu, seeking enlargement on bail in Case Crime No. 341 of 2024 , under Sections 309 (4), 317 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of Arms Act, Police Station Saidnagli, District Amroha . 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 18.10.2024. Learned counsel for the applicant submits that from the possession of the applicant only Rs. 440/- and from joint possession of the accused persons a looted car of the first informant has been recovered. Co-accused namely Akash has already been released on bail vide order dated 4.2.2025 passed by this Court in Crl. Misc. Bail Application No. 45454 of 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. 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, Deepanshu, 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 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad