Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6014 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri R. K. Srivastava, learned counsel for the applicant, Sri Purshottam Maurya, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 299 of 2024, under Sections 85, 80(2), 103(1), 238, 62 of the Bharatiya Nyaya Sanhita, 2023, and Section 3/4 of D. P. Act, Police Station Mansoorpur, District Muzaffar Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He further submits that the applicant was doing job at Jammu in a cloth centre and after getting information he departed from Jammu. He submits that more than six years had passed but during the six years no complaint whatsoever was made against the applicant and his family members. He further submits that the applicant and his family members never demanded any dowry from the parents of the deceased. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 26.10.2024. 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, the bail has been prayed for. Versus Counsel for Applicant(s) : Rajesh Kumar Srivastava, Rajeev Kumar Pal Counsel for Opposite Party(s) : G.A., Santosh Kumar Singh Sharda .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Sharda, 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. September 12, 2025 pks BAIL No. 6014 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad