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Neutral Citation No. - 2025:AHC:20919 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46963 of 2024 Applicant :- Suraj Singh Alias Khampi Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant, Sri Puneet Kumar Singh, 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, Suraj Singh Alias Khampi Yadav, seeking enlargement on bail in Session Trial No. 126 of 2023 arising out of Case Crime No. 25 of 2003, under Section 364-A of the Indian Penal Code, Police Station Jaitpur, District Agra.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that applicant was not named in the FIR. In the statement of kidnapee Shri Narayan Dauneriya recorded under Section 161 C.P.C., he has not levelled any allegation against the applicant. Learned counsel for the applicant submits that during the investigation, the Investigating Officer did not collect any material against the applicant.It is further submitted that on the similar footing the co- accused Rekha has been granted bail by this Court vide order dated 23.10.2024 passed in Criminal Misc. Bail Application No. 37626 of 2024, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 06.11.2024. The applicant has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Suraj Singh Alias Khampi Yadav, 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 :- 13.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad