Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30413 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47452 of 2024 Applicant :- Bauna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nabi Ullah,Syed Aslam Ali Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant explaining the criminal history of the applicant is taken on record. Heard learned counsel for the applicant, Sri R. K. Mishra, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 218 of 2014, under Section 307, 147, 148 and 149 of IPC, Police Station Tirwan, District Kannauj.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. In the aforesaid case the applicant was granted bail and after being released on bail the applicant could not appear before the court on even a single date. The court below has issued Non Bailable Warrant against the applicant and when he was not appeared on several dates the proceedings of Section 82 and 83 Cr.P.C. have been initiated against the applicant. Thereafter, the applicant surrendered before the Trial Court. The applicant is languishing in jail since 05.11.2024 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 of bail, but could not dispute the aforesaid fact. He submits that the accused- applicant never appeared before the Trial Court even on a single date after release on bail. The applicant could not appear before the Trial Court as such he may not be granted any indulgence by this Court.
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. Accordingly, the bail application is allowed. Let the accused-applicant, Bauna, 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 :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad