Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30646 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri A. K. Singh, learned counsel for the applicant and Sri Puneet Kumar Singh, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide
order dated 19.03.2025, passed in Criminal Misc. Bail Application No. 1636 of 2025, Devesh Gaur Vs. State of U.P., copy whereof has been brought on record as Annexure-1 to the bail application. The applicant has filed this second bail application with a prayer to enlarge him on bail in Crime No. 195 of 2024, under Sections 318(4), 338, 336(3), 340(2), 3(5) of B.N.S., 2023 and Section 66-D of Information Technology Act, 2000, Police Station Cyber Crime, District Ghaziabad, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that in the present case charge sheet has been filed by the Investigating Officer against the applicant on 22.12.2024 and the Court concerned has taken cognizance on 14.02.2025. He further submits that the charges have been framed against the applicant and no witness has been examined so far. Learned counsel for Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Devesh Gaur .....Applicant(s) State of U.P. .....Opposite Party(s)
the applicant further submits that there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts. Considering all those 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, Devesh Gaur, 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 15, 2025 pks BAIL No. 30646 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad