Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 11260 (ALL)

DEEPAK KUMAR PATEL v. STATE OF U.P.

BAIL/2476/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27668 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2476 of 2025 Applicant :- Deepak Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Astitva Srivastava,Pankaj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Sri Virendra Kumar Yadav, Advocate has filed his Vakalatnama on behalf of the first informant, is taken on record. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondent, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepak Kumar Patel, seeking enlargement on bail in Case Crime No.164 of 2024, under Sections 137(2), 87 of B.N.S., Police Station Bahariya, District Prayagraj. 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 13.11.2024. Learned counsel for the applicant submits that FIR was lodged after four days of the incident. The victim is a consenting party. In her statement, she has stated that she is aged about 18 years and she left her home out of her own sweet will. 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 counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 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, Deepak Kumar Patel, 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 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad