Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20945 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47006 of 2024 Applicant :- Ajad Singh @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Lavkush Dixit, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ajad Singh @ Raja, seeking enlargement on bail in Case Crime No. 102 of 2024, under Sections 191(2), 140(1), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bashrehar, District Etawah.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number. Learned counsel for the applicant submits that both the parties belong to the same family and a dispute with regard to partition of property is going on between the parties and a result thereof the informant has roped the applicant in the present case due to ulterior motive. Only general allegation has been levelled in the FIR and no specific role has been assigned to the accused- applicant. Learned counsel further submits that there is no independent witness of the alleged incident. It is further submitted that on the similar footing the co-accused Nikit alias Nikki has already been granted bail by this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No. 47162 of 2024, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 31.10.2024. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Having heard and gone through materials placed on record, it is apparent that both parties belong to same family and there is land dispute between the parties. Considering all above 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, Ajad Singh @ Raja, 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