Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 171695 (ALL)

NITIN KUMAR v. STATE OF U.P.

BAIL/36839/2025 · 2025-10-26

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36839 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent and perused the record. 2. This bail application has been moved on behalf of accused-applicant, Nitin Kumar seeking enlargement on bail in Case Crime No.283 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station- Ikdil, District- Etawah. 3. Learned counsel for the applicant submits that the accused-applicant is innocent and he has not committed any offence as alleged in the First Information Report. He has been falsely implicated in this very case crime number and is languishing in jail since 29.09.2025. It is submitted that Rs. 6 lacs was said to be received by the accused applicant in cash from the informant but no reliable material is available on record regarding the above fact. It has further been submitted that the two co-accused persons namely, Vipin Kumar Verma @ Kalu and Sri Ram Prajapati having identical role have already been granted bail by the Coordinate Bench of this Court vide orders dated 26.09.2023 and 03.11.2023 passed in Crl. Misc. Bail Application Nos. 39562 of 2023 and 43256 of 2023 respectively. It is further argued that the accused applicant has no criminal history. It it is further argued that chargesheet has been filed in this case therefore, 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. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the above submissions. 5. Considering the fact that the accused applicant is in jail since 29.09.2025 and has no criminal history; co-accused Vipin Kumar Verma @ Kalu and Sri Ram Prajapati having identical role have already been enlarged on bail by this Court; the nature of accusations, severity of the punishment in the case Versus Counsel for Applicant(s) : Amar Bahadur Maurya Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Nitin 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 27, 2025 Gss BAIL No. 36839 of 2025 2 (Santosh Rai,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad