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Neutral Citation No. - 2025:AHC:75607 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7476 of 2025 Applicant :- Rocky Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad,Vijay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ansar Ahmad and Shri Vijay Kumar Dubey learned counsels for the applicant, Shri Arimardan Yadav, 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. 116 of 2024, under Sections 319 (2), 318 (4), 336 (3), 338, 340 (2), 3 (5) the Bharatiya Nyaya Sanhita, 2023 and Section 66 (C) and 66 (D) of IT Act, Police Station Basrehar , District Etawah.
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 23.1.2025.
Learned counsel for the applicant submits that the applicant was not named in the FIR. His name surfaced on record on the basis of confessional statement of co-accused Vikash and Pawan and except the confessional statement there is nothing adverse against the applicant. Learned counsel for the applicant further submits that confessional statement is not admissible in the eyes of law.
Learned counsel for the applicant submits that co-accused Ankit Mishra has already been granted bail by this Court on 29.4.2025 in Crl. Misc. Bail Application No. 4237 of 2025. He has four cases of criminal antecedent, which have sufficiently been explained 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, 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 :- 9.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad