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2025 DAILYLAW 190889 (ALL)

DEEPAK v. STATE OF U.P.

BAIL/25048/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25048 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 166 of 2025, under Sections 109 (1) of the Bharatiya Nyaya Sanhita, 2023 and 3/25 Arms Act, Police Station Sajeti, District Kanpur Nagar. 3. 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 29.04.2025. Criminal history of the applicant has been explained in supplementary affidavits moved by the applicant and in most of the cases he is on bail, there is no likelihood of his fleeing from cou rse of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. It is a no injury case. Recovery of a country made pistol and a theft motorcycle are planted one by the police upon the applicant to falsely implicate him. Applicant is not arrested from the spot and there is no independent or public witness of the alleged recoveries. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer of the applicant but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Devendra Singh, Sanjay Srivastava Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Deepak, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. 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. October 9, 2025 Vibha Singh BAIL No. 25048 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad