Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33842
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6746 of 2025 Applicant :- Balli Alias Baljeet Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Balli @ Baljeet, seeking enlargement on bail in Case Crime No. 350 of 2024, under Sections 137 (2), 61 (2), 140 (2) BNS, Police Station Dhampur, District Bijnor. 3. The allegation made in the FIR is that on 19.07.2024 the minor grandson of informant has enticed away by co-accused Prince @ Kunal. 4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated in this case. Applicant is not named in the FIR. The name of the applicant has been surfaced in the present case upon confessional statement of co-accused Arjun Tomar. The investigating officer after completion of investigation, submitted charge sheet against the applicant and other co-accused persons. Applicant has no concerned with the present incident, neither he is involved in the present case in any manner. The kidnapped boy has been recovered from the possess of co-accused Arjun Tomar. Except the confessional statement, there is no any other documentary evidence against the applicant. The applicant is languishing in jail since 27.09.2024. He 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. It is next submitted that the applicant is fully innocent and nothing to do with the alleged crime in any manner. He further submits that no incriminating article has been recovered from the possession of the applicant, which shows that the entire prosecution story is false, fabricated and doubtful. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7.
Accordingly, the bail application is allowed. 8. Let the accused-applicant, Balli @ Baljeet 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. 9. 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 :- 6.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad