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2025 DAILYLAW 193734 (ALL)

DEEPAK v. STATE OF U.P.

BAIL/22628/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22628 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Akash Pundir, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 122 of 2025, under Section 317(2) and 303 of B.N.S. and Section 3/25 of Arms Act, Police Station Bhopa, District Saharanpur, during pendency of the trial. 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 18.04.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Vishesh Pal has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 10.09.2025 in Criminal Misc. Bail Application No. 22324 of 2025. He submits that the applicant 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. 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 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. Versus Counsel for Applicant(s) : Akash Pundir Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) Accordingly, the bail application is allowed. Let the accused-applicant, Deepak, 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. October 10, 2025 pks BAIL No. 22628 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad