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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34198 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 321 of 2023, under Sections 147, 323, 304, 342, 34, 504, 506 I.P.C., Police Station Partapur, District Meerut during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by an independent witness Suraj. It is contended that the said statement is an afterthought. A vague role has been assigned to the applicant. The death was caused due to an accident. It is next contended that identically placed co-accused Sachin Nagar has been granted bail by this Court vide order dated 19.01.2024 passed in Criminal Misc. Bail Application No. 52911 of 2023, Sachin Nagar v. State of U.P. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph 27 of the affidavit. The applicant is in jail since 26.08.2025 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the Versus Counsel for Applicant(s) : Manish Kumar Singh Counsel for Opposite Party(s) : G.A. Narendra Kumar Bhati .....Applicant(s) State of U.P. .....Opposite Party(s)
record, this Court prima facie finds that the applicant was not named in the first information report and his name was disclosed by an independent witness Suraj. A vague role has been assigned to the applicant. Identically placed co-accused Sachin Nagar has been granted bail by this Court.
Moreover, the applicant has remained confined for almost one and half month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Narendra Kumar Bhati, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 14, 2025 SKT/- BAIL No. 34198 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad