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2025 DAILYLAW 24853 (ALL)

SANSKAR v. STATE OF U.P.

BAIL/7269/2025 · 2025-03-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35006 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7269 of 2025 Applicant :- Sanskar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 340 of 2024, under Sections 115(2), 324(4), 324(5), 117, 118, 109, 61, 351(2), 351(3), 191(2), 191(3) B.N.S., Police Station- Bhawanpur, District- Meerut during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed in the statement of named co-accused Sehnserpal in police custody, the said statement, insofar as it implicates the applicant, is unreliable. It is next contended that the named co- accused Sehnserpal has been granted bail by this court vide order dated 19.2.2025 passed in criminal misc. bail application No.1548 of 2025. The applicant does not have any criminal history. The applicant is in jail since 2.1.2025. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed in the statement of named co-accused Sehnserpal in police custody. The named co-accused Sehnserpal has been granted bail by this court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Sanskar involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad