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Neutral Citation No. - 2025:AHC:27115 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46841 of 2024 Applicant :- Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijay Bahadur, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Sanju, seeking enlargement on bail in Case Crime No. 435 of 2024, under Sections-147, 323, 307, and 326 I.P.C. Police Station-Khair, District-Aligarh.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since
05.09.2024. First Information Report has been lodged on 22.08.2024 with a delay of 81 days as the date of alleged incident is reported as 01.06.2024 with the allegation that on 01.06.2024 that the applicant and other co-accused persons committed marpeet with the injured Yashveer Singh and thereafter put the injured on 11000 K.W. Line with an intention to kill him. Doctor Sameer Prabhakaran, in his statement recorded on 02.06.2024, has said that the injured was suffered with 55% electric shock burn with Gangrene over the right upper limb with facial and inhalation burn.
Learned counsel for the applicant submits that there is no possibility of developing Gangrene within one day of incident. There is no independent eye witness of the alleged incident. The applicant 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. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 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, Sanju, 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 :- 27.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad