Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:76610 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3183 of 2025 Applicant :- Virendra Singh Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ahmad Khan Durrani,Rohit Sharma Counsel for Opposite Party :- Dasarathi Das,G.A.,Sudhir Kumar Agarwal Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Afzal Ahmad Khan Durrani, learned counsel for the applicant, Sri Dasarthi Das and Sri sudhir Kumar Agarwal, learned counsel for the first informant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Virendra Singh Rajput, seeking enlargement on bail in Case Crime No. 161 of 2024, under Sections 109, 61 (2) BNS and Section 3/25 Arms Act, Police Station Kamalganj, District Farrukhabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 02.08.2024. 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. Learned counsel for the applicant submits that as per the prosecution case applicant purchased costume from Amazon online portal, but the police has not collected any evidence to connect this theory with the applicant and the investigating officer has falsely planted the recovery from the applicant to show his good work. The FIR was lodged by brother of the injured against one unknown and the applicant for conspiracy. It is further submitted that there are various contradictions in the statements of the informant and the FIR version as well as statements of the witnesses. It is next submitted that after completing investigation, investigating officer has submitted charge sheet on 27.10.2024. The applicant has not committed any offence as alleged in the FIR. Nothing has been recovered from the possession of the applicant and no such
incident has taken place. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5.
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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Virendra Singh Rajput, 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. 8. 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 :- 9.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad