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2025 DAILYLAW 25356 (ALL)

PUPPUN HARIJAN v. STATE OF U.P.

BAIL/7618/2025 · 2025-05-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81479 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7618 of 2025 Applicant :- Puppun Harijan Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Anil Kumar Ojha, learned counsel for the applicant, Sri Yagyavalk Pandey, learned Additional Government Advocate for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant- Puppun Harijan seeking bail in Case Crime No. 143 of 2023, under Section 8/20 of NDPS Act, 1985 and Sections 420, 467, 468, 471 of I.P.C., Police Station- Robertsganj, District- Sonbhadra. 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 23.03.2023. Learned counsel for the applicant submits that similarly placed co- accused, namely, Anirudh Prasad, has already been enlarged on bail by this Court by order dated 23.10.2024, passed in Criminal Misc. Bail Application No. 40985 of 2023, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Anirudh Prasad, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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 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, period of incarceration, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Puppun Harijan, 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 :- 16.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad