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Neutral Citation No. - 2025:AHC:20044 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3205 of 2025 Applicant :- Lalit Kumar Alias Vikki Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime/ F.I.R. No. 615 of 2024, under Sections 115(2), 352, 308(5), 61(2), 3(5) B.N.S., Police Station- Sihani Gate, District- Ghaziabad during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The only allegation against the applicant is that the vehicle no.DL 1CAH 7297 was booked by him. Apart from that no overact has been assigned to the applicant. No amount was deposited in the account of the applicant. The applicant was not the beneficiary of any illicit transaction. At this stage, there is credible no evidence to link the applicant with the offence. The applicant does not have any criminal history and is in jail since 26.11.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. No overact has been assigned to the applicant. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled
to be enlarged on bail. 6.
Let the applicant, Lalit Kumar Alias Vikki involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.2.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad