Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4224 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri S. P. Mishra, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent, Sri Ran Vijay Singh,
learned counsel for the first informant and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 400 of 2024, under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jahangirabad, District Bulandshahar.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the FIR has been registered after delay of one day of which no satisfactory explanation has been submitted. He further submits that in the FIR only general allegation has been levelled against the applicant and the applicant has been assigned the role of beating by lathi and danda. He further submits that the applicant is innocent and due to mala-fide intention the applicant has been implicated in the present case. He submits that initially the FIR was registered against the applicant and three other co-accused persons namely Smt. Vineeta Devi, Sudheer and Lokesh Kumar, under Section 115(2), 352, 351(2), 126(2) and vide order dated 02.09.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, Bulandshahar the bail was granted to the present applicant, Prabhu, and two other co-accused namely Smt. Vineeta and Sudheer. After the investigation, Section 105 B.N.S. was also added in the charge-sheet. Versus Counsel for Applicant(s) : Ambleshwar Pandey, Anuj Srivastava, Mohammad Zakir, Sharda Prasad Mishra, Subhash Chandra Maurya Counsel for Opposite Party(s) : G.A., Ran Vijay Singh Prabhu .....Applicant(s) State of U.P. .....Opposite Party(s)
Now the applicant is seeking bail under Section 105 of B.N.S. The applicant is languishing in jail since 02.09.2024. The applicant 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. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Prabhu, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 15, 2025 pks BAIL No. 4224 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad