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Neutral Citation No. - 2025:AHC:18956 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4086 of 2025 Applicant :- Lakhan Meena Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma,Sarvind Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA 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 No. 1127 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) of B.N.S. and Sections 13(2) of The Public Examinations (Prevention of Unfair Means) Act, 2024, Police Station- Civil Lines, District- Moradabad, during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant did not appear in the examination nor did he attempt to appear as an impersonator. The applicant is a young student, whose career would be jeopardized on account of the instant false case. The applicant is in jail since 27.12.2024, having no criminal history, and 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 facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that at present, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Lakhan Meena 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, 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 :- 10.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad