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2025 DAILYLAW 112087 (ALL)

BHIKAM SINGH BHARTI v. STATE OF U.P.

BAIL/46292/2024 · 2025-02-23

Ashutosh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:26096 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46292 of 2024 Applicant :- Bhikam Singh Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Mohammad Nadeem, learned counsel for the applicant, Ms. Anita Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bhikam Singh Bharti, seeking enlargement on bail in Case Crime No. 292 of 2024, under Sections 196, 197, 353(1), 61(2), 152 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sambhal, District Sambhal. 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 21.10.2024. He has criminal history of only one case which is clearly explained in para no. 28 of the bail application, wherein he is on bail and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. F.I.R. has been lodged under the influence of political leaders and there is no truth in the allegations made in the F.I.R. Applicant has never used any inflammatory speech or derogatory word to anyone. Nothing incriminating article has been recovered from the possession of the applicant. Hence, bail has been prayed for. 5. Learned AGA has opposed the bail application. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Bhikam Singh Bharti, 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. 9. 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 :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad