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Neutral Citation No. - 2025:AHC:19825 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45691 of 2024 Applicant :- Vishwas And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kulveer Singh,Nirbhaya Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Shri Punit Kumar 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- applicants, Vishwas and Sachin, seeking enlargement on bail in Case Crime No. 445 of 2024 , under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2), 61 of the Bharatiya Nyaya Sanhita, 2023 and Section 63/65 of Copy Right Act, Police Station Kotwali Nagar, District Muzaffar Nagar.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
8.11.2024. Learned counsel for the applicant submits that applicants are a labour. Applicants are neither employee of the alleged company nor doing any job in the company. The owner of the company Paras has falsely implicated the applicants. Applicant No. 1, Vishwas has no criminal antecedent. However, applicant No. 2, Sachin has criminal history of one case and there is no likelihood of their 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-applicants, Vishwas and Sachin , involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants 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 applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail.
Order Date :- 11.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad