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2025 DAILYLAW 111932 (ALL)

ASHOK PATEL v. STATE OF U.P.

BAIL/46298/2024 · 2025-02-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20701 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46298 of 2024 Applicant :- Ashok Patel Opposite Party :- State of U.P. Counsel for Applicant :- Atmaram Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Anupam Anand, learned brief holder for the State-opposite party and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 219 of 2024, under Sections 137(2), 143(4), 318(4), 319(2) BNS, Police Station- Phoolpur, District- Varanasi during the pendency of the trial. 3. Counsel for the applicant submits that earlier the applicant was granted bail under Sections 137/338/340(2) BNS and Section 11 of Juvenile Justice (Care and Protection of Children) Act, 2015, vide order dated 05.11.2024 passed by this Court in Criminal Misc. Bail Application No.37065 of 2024. During the course of investigation, Sections 137(2), 143(4), 318(4), 319(2) BNS were added by the Investigating Officer. The applicant seeks bail in the added sections. He further submits that for the reasons stated in the order dated 05.11.2024, the applicant is entitled to be enlarged on bail in added sections as well. 4. Learned brief holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that earlier the applicant was granted bail under Sections 137/338/340(2) BNS and Section 11 of Juvenile Justice (Care and Protection of Children) Act, 2015, vide order dated 05.11.2024 passed by this Court in Criminal Misc. Bail Application No.37065 of 2024. The applicant has no criminal antecedents and has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Ashok Patel, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 13.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad