Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75425 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6593 of 2025 Applicant :- Sudhir Kumar Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit is taken on record. Heard Shri Vimlendu Tripathi and Shri Rajesh Kumar Mishra,
learned counsel for the applicant, Shri Vijendra Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sudhir Kumar Goyal, seeking enlargement on bail in Case Crime No. 663 of 2023, under Sections 406, 120-B, 420, 506 IPC and Section 138 of N.I. Act, Police Station Kotwali Dehat , District Bulandshahar.
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 16.12.2023.
Learned counsel for the applicant submits that FIR registered under Section 138 of N.I. Act is not maintainable. It is a proceeding of complaint case. The proceedings are sham in the eyes of law. The applicant is behind the bar for the last more than one year four months. He has 43 cases of criminal antecedent and in some of the cases, applicant has been released on bail and in some of the cases, proceedings of the case crime numbers has been stayed by this Hon'ble Court 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, Sudhir Kumar Goyal , 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 :- 9.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad