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Neutral Citation No. - 2025:AHC:28592 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46332 of 2024 Applicant :- Sohil Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Rajesh Kumar, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder 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, Sohil, seeking enlargement on bail in Case Crime No. 548 of 2024, under Section 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sikandra, District Agra. 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 30.08.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Daughter (injured) of the informant and applicant were in love and she wants to marry with the applicant, when he refused for the same, then false F.I.R. has been lodged against the applicant by the first informant. Applicant is 19 years old and victim is 16 years old and they are well known to each other, they were quarreling with each other. As per medical examination report of the victim, injuries received to the injured are simple in nature. Charge-sheet has already been submitted in this case. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail but could not dispute the aforesaid facts. 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, Sohil, 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 :- 28.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad