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2025 DAILYLAW 20998 (ALL)

PARIKSHIT BARIKH v. STATE OF U.P.

BAIL/6090/2025 · 2025-03-02

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29694 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6090 of 2025 Applicant :- Parikshit Barikh Opposite Party :- State of U.P. Counsel for Applicant :- Pushpa Joshi,Shantanu Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. This is a second bail application. First bail application, of the applicant, being Criminal Misc. Bail Application No. 43169 of 2024, was rejected by this Court vide order dated 17.12.2024. Heard Shri Shantanu, learned counsel for the applicant and Shri S.K.Ojha, learned AGA for the State-respondent and perused the records. The present second bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Parikshit Barikh with a prayer to release him on bail in Case Crime No. 199 of 2024, under Section 8/20/29/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Chopan, District- Sonbhadra, on the additional grounds that the charge sheet has been filed on 19.12.2024; applicant was neither driver nor the owner of the car and he was only traveling with the other accused persons; the applicant is in jail since last more than six months and co-accused Chintamani Khatua, has been granted bail by this Court in Criminal Misc. Bail Application No. 42293 of 2024, vide order dated 22.01.2025 and there is no chance of tampering with the evidence and witnesses. Hence, bail has been prayed for. Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Parikshit Barikh, 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 :- 3.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad