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Neutral Citation No. - 2025:AHC:29906 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5687 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri J.B. Singh, learned counsel for the applicant, Sri S.K. Rai, 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, Deepak, seeking enlargement on bail in Case Crime No.159 of 2023, under Sections 307, 325, 323, 504 I.P.C., Police Station Dadri, District Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that it is a case of no injury and nothing incriminating material has been recovered from the possession of the applicant. The co-accused Kapil has already been enlarged on bail by co-ordinate Bench of this Court vide order 16.12.2024 in Criminal Misc. Bail Application No.42881 of 2024, therefore, the application is also entitled for bail on the ground of parity. The applicant is languishing in jail since 21.01.2025. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit 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, but could not dispute the aforesaid facts. Considering all those facts and circumstances, enlargement of co- accused on bail, 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, Deepak, involved in above mentioned case crime number be released on bail, on their 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 their 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.
Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad