Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78969 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5534 of 2025 Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari,Apul Misra,Devvrat Misra Counsel for Opposite Party :- G.A.,Sachin Malik Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. Despite notice, learned counsel for the informant has not put his appearance before the Court. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Naresh, seeking enlargement on bail in Case Crime No. 266 of 2024, under Sections 109(1), 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 Arms Act, Police Station- Binauli, District- Baghpat.
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 15.11.2024.
Learned counsel for the applicant submits that the injured in his statement has not levelled any specific allegation of causing fire arm injury against the applicant and has only assigned general role to the applicant and co-accused. He next submits that the Investigating Officer has already submitted the chargesheet in the matter and no useful purpose would be served by detaining the applicant. 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. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Naresh, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 14.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad