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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32860 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 216 of 2025, under Sections 318(2), 111 B.N.S. and 66(c) of Information Technology Act, Police Station- Lalpur Pandeypur, District Varanasi, during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. False recovery of two SIMs and an Indian currency of Rs.3650/- has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered SIMs and the Indian currency cannot be linked with the present offence. The applicant has no criminal antecedents. The applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. The applicant is in jail since 17.8.2025 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for more than one and half months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State Versus Counsel for Applicant(s) : R P Rajan Counsel for Opposite Party(s) : G.A. Shubham Agrahari Alias Gopal .....Applicant(s) State of U.P. .....Opposite Party(s)
that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant Shubham Agrahari alias Gopal, 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 the 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 15, 2025 Manish Kr BAIL No. 32860 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad