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2025 DAILYLAW 17184 (ALL)

SURAJ v. STATE OF U.P.

BAIL/4481/2025 · 2025-05-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82838 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4481 of 2025 Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Arvind,Shobhit Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned AGA has filed counter affidavit, which is taken on record. 2. Heard Sri Shobhit Pratap Singh, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Suraj, seeking enlargement on bail in Case Crime No. 116 of 2024, under Sections 319(2), 318(4), 336(3), 338, 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66C, 66D of the I.T. Act, Police Station- Basrehar, District- Etawah. 4. 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 18.12.2024. Learned counsel for the applicant submits that no financial transaction was ever occurred in the bank account of the applicant and he has not received any money. Nothing incriminating has been recovered from possession of the applicant. Nothing material on record to show that the alleged fake Aadhar Card recovered from the possession of the applicant has been used for some illegal activity. The recovery has been planted upon the applicant. The applicant is not named in the confessional statements of any of the other co-accused including how he is connected with them and the only role of the applicant elaborated in his own confessional statement is that he allegedly had an arrangement with the co- accused Vishal and Pawan and they sent money in his account. 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Suraj, 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 16.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad