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2025 DAILYLAW 111294 (ALL)

PRADEEP ALIAS GANGE AND 2 OTHERS v. STATE OF U.P.

BAIL/46412/2024 · 2025-01-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12011 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46412 of 2024 Applicant :- Pradeep Alias Gange And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Mishra,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Sri Arimardan Yadav, 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, Pradeep Alias Gange @ Than Singh, Kalyan Singh alias Kalla and Raju, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 190, 191(2), 193(3), 121(2), 135, 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and 3/5 Prevention of Damages to Public Property Act and 7 Criminal Law Amendment Act and 3(1), 58 Mines and Minerals Act, Police Station- Kheragarh, District- Agra . 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 10.09.2024. 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. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of the co-accused. No specific role has been assigned to the applicant. Nothing incriminating has been recovered from the possession of the applicant. No useful purpose would be served by detaining the applicant. Co-accused, Mohar Singh and Mukesh Kumar Agarwal have already been granted bail vide order dated 19.12.2024 and 02.12.2024 passed in Criminal Misc. Bail Application No. 39805 of 2024 and 38235 of 2024. 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, Pradeep alias Gange @ Than Singh, Kalyan Singh alias Kalla and Raju 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 :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad