Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34360 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47295 of 2024 Applicant :- Suresh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Shiv Poojan,Yogendra Kumar Bhartiya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri N.B. Singh, Advocate holding brief of Sri Anil Kumar,learned counsel for the applicant, Shri R.K. Srivastava, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 333 of 2024, under Sections 109, 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station-Kerakat, District Jaunpur.
3. As per the prosecution story, two unknown persons surrounded the son of the informant and abused him. When the son of the informant tried to ran away from the place of incident then the accused persons fired upon him with intention to kill him due to which he received some grievous injuries.
4. 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 7.10.2024
Learned counsel for the applicant submits that FIR was lodged against unknown person. There is no eye witness of the alleged incident. Learned counsel for the applicant has further argued that the applicant no concern with the alleged and incident and no incriminating article has been recovered from the possession of the applicant. The criminal history of three case which has been explained in second supplementary affidavit 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.
5. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail.
6. 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.
7. Accordingly, the bail application is allowed.
8. Let the accused-applicant, Suresh Chandra, 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.
9. 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 :- 7.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad