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Neutral Citation No. - 2025:AHC:76048 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6003 of 2025 Applicant :- Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Atul Kumar Shahi,Chandra Bhan Dubey,Dinesh Yadav,Ruby Choudhary Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Atul Kumar Shahi and Sri Chandra Bhan Dubey,
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, Arvind Kumar, seeking enlargement on bail in Case Crime No. 520 of 2024, under Sections 318 (2), 318 (4), 319 (2), 336 (3), 338, 340 (2) & 61 (2) BNS and under Section 13 of Examination Act, Police Station Echotech-3, District Gautam Budh Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 31.12.2024. 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. Learned counsel for the applicant submits that the applicant's real name is Arvind Kumar, S/o Veerpal Singh, who is posted as Constable in PAC having date of birth 29.06.1994 and someone has created fake I.D. of the applicant and reduced his date of birth as 29.06.2000 and got appeared in U.P. Police Constable Examination, upon identification and inquiry, name of the applicant came in picture and he was called by the investigating officer, he apprised the entire thing stating that after his selection in PAC, he never appeared for any kind of examination before any commission. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Arvind Kumar, 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. 8. 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 :- 8.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad