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2025 DAILYLAW 188243 (ALL)

NEERAJ BALMIKI ALIAS JOHNY v. STATE OF U.P.

BAIL/45182/2024 · 2025-08-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45182 of 2024 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri V. K. S. Chandel, learned counsel for the applicant, Sri Puneet Kumar Singh learned AGA for the State-Respondent, Sri Shams Uz Zaman, learned counsel for the informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 155 of 2024, under Sections 302, 120-B, 34 of IPC, Police Station Baghpat, District Baghpat. 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 13.03.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Sonu Gujjar alias Sandeep and Anuj Kashyap have already been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 14.08.2025 and 27.05.2025 in Criminal Misc. Bail Application No. 25265 of 2025 and 32198 of 2024 respectively. He submits that the applicant has criminal antecedents of three cases which has been explained in the affidavit filed in support of the bail application. He further submits that 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Vinay Kumar Singh Chandel Counsel for Opposite Party(s) : G.A., Shams Uz Zaman Neeraj Balmiki Alias Johny .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Neeraj Balmiki Alias Johny, 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. August 21, 2025 VKG BAIL No. 45182 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad