Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33122 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8050 of 2025 Applicant :- Rocky Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey,Vishal Ohri Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kaushal Kumar Pandey, learned counsel for the applicant, Shri Rakesh 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, Rocky, seeking enlargement on bail in Case Crime No. 353 of 2024, under Sections 109(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mawana, District Meerut.
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 3.9.2024
Learned counsel for the applicant submits that general role has been assigned to the accused persons involved in this case.
Learned counsel for the applicant has further submits that no specific role has been assigned to the applicant. No recovery whatsoever has been made from the possession or pointing out of the applicant. Learned counsel for the applicant submits that similarly circumstanced co-accused Smt Lata has already been enlarged on bail by the Bench of this Court on 19.12.2024 in Criminal Misc. Bail Application No. 38876 of 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. Hence, bail has been prayed for.
Learned counsel for the informant as well as 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, Rocky , 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 :- 6.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad