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Neutral Citation No. - 2025:AHC:65438 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5278 of 2025 Applicant :- Pal Rohan Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajendra Prasad Shukla, learned counsel for the applicant and Shri Yagyavalka Pandey, 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-Pal Rohan Pradeep, seeking enlargement on bail in Case Crime No.0359 of 2024, under Sections 319 (2), 318 (4), 336 (3), 338, 340 (2), 3 (5), 345 (3) B.N.S. & Section 66 C and 66 D of Information Technology (Amendment Act) Police Station-Friends Colony, District-Etawah.
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 22.12.2024.
Learned counsel for the applicant submits that First Information Report has been lodged on 22.12.2024, against the applicant and 4 other co-accused persons, with the allegation that on an information of the informer that a gang of cyber crime is active in the city the police party has apprehended four persons in Car including the applicant and shown recovery of three Adhar Cards, Rs. 1250/- Cash and one Mobile Phone from the possession of the applicnat. The recovery shown from the applicant is planted one. He further submits that neither any money has been has been transferred in the account of the applicant nor any victim has alleged so. 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. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Pal Rohan Pradeep, 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.
Order Date :- 28.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad