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2025 DAILYLAW 171421 (ALL)

VINEET KUMAR v. STATE OF U.P.

BAIL/34351/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34351 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Arvind Kumar, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vineet Kumar, seeking enlargement on bail in Case Crime No. 213 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 63/65 of Copy Right Act, Police Station Bilhaur, District Kanpur Nagar, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 7.6.2025. Learned counsel for the applicant submits that there is no credible evidence on record except false recovery. Charge-sheet in this case has already been filed on 25.7.2025. Whatever recovery is possible, the same has already been effected. Further custodial interrogation of the applicant is no more required. The applicant cannot be held guilty at the pre trial stage. He 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, bail has been prayed for. stalled Learned AGA has vehemently opposed the prayer for bail. Versus Counsel for Applicant(s) : Amit Kumar Mishra, Arvind Kumar Counsel for Opposite Party(s) : G.A. Vineet Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) Considering all above 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, Vineet Kumar , 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. October 28, 2025 Ravi Prakash BAIL No. 34351 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad