Extracted from the PDF above. The PDF is authoritative.
Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2752 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 205 of 2024, registered under Sections 191(2), 191(3), 190, 115(2), 109, 352 B.N.S., Police Station- Uska Bazar, District- Siddharth Nagar, during pendency of the trial.
3. At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Suggriv, Pradeep, Urmila and Rakesh, who have been granted bail by this Court in Criminal Misc. Bail Application Nos. 526 of 2025, 2705 of 2025 & 44794 of 2024 vide orders dated 17.01.2025, 24.01.2025 & 24.01.2025, respectively and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 29.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Kamlesh, who is involved in the aforesaid
case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad