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Neutral Citation No. - 2025:AHC:39610 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5327 of 2025 Applicant :- Purushottam And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Anil Kumar Pathak, learned counsel for the applicants, Shri Vijendra Kumar, 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 nos. 1.Purushottam, 2. Dharamveer, 3. Prem Sagar and 4. Naresh Kumar, seeking enlargement on bail in Case Crime No. 428 of 2016, under Sections 147, 148, 149, 307, 336, 436, 353, 332 of the Bharatiya Nyaya Sanhita, 2023, Police Station Khandauli, District Agra. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
23.01.2025. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants. General allegations have been levelled to the applicants herein. No specific role have been assigned to the applicants. Nothing incriminating has been recovered from the possession or pointing out of the applicants. Co-accused namely Bhikam Singh, Pradeep Kumar, Lekhraj, Yash Kumar, Brij Bhushan, Tilak Singh, Deepak, Pramod, Charan Singh, Hakim Singh, Shyambabu have already been released on bail by the court below and bail orders are annexed as Annexure No. 8 to the bail application. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 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-applicants, 1.Purushottam, 2. Dharamveer, 3. Prem Sagar and 4.
Naresh Kumar, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 19.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad