Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20016 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3173 of 2025 Applicant :- Lokesh Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath 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 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 299 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station- Sikandrarau, District- Hathras during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant are real brothers. A property dispute between the parties have been given colour of criminal case. The case is purely civil in nature. At this stage, there is no credible evidence to link the applicant with the offence. The applicant does not have any criminal history. The applicant is in jail since 15.12.2024. 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 case is purely civil in nature. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than one month 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, Lokesh 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