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2025 DAILYLAW 110955 (ALL)

SONU v. STATE OF U.P.

BAIL/45430/2024 · 2025-02-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18310 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45430 of 2024 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Kulveer Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Kulveer Singh, learned counsel for the applicant, Shri Arimardan 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, Sonu, seeking enlargement on bail in Case Crime No. 399 of 2023, under Sections 323, 308, 504, 506, 325 of the Indian Penal Code, Police Station Budhana, District Muzaffarnagar. 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 18.11.2024; any article used in the occurrence has not been recovered or discovered on the pointing out of the applicant; as per statements of the witnesses, no specific role has been assigned to the applicant in the alleged incident; 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. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Sonu, 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. 8. 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 :- 7.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad