Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31757 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7632 of 2025 Applicant :- Rajvindra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Rajesh Kumar Singh and Sri Deepak Kumar Srivastava have filed their vakalatnama on behalf of the informant. The same is taken on record.
2. Heard counsel for the applicants; counsel for the informant and Sri V. P. Tripathi, learned A.G.A. for the State. 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.373 of 2017, under Sections 147, 323, 467, 468, 471, 504, 506 I.P.C., Police Station- Gajraula, District- Amroha, during pendency of the trial.
3. Counsel for the applicants submits that the applicants are the brothers-in-law of the informant and have been falsely implicated in the instant case. Earlier the sister of the applicants lodged a first information report against the informant registered as Case Crime No.384 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicants. The applicants have not forged or manipulated any documents. The applicants are in jail since 27.01.2025 having no criminal history and in case they are enlarged on bail, he will not misuse the said liberty.
4. Learned A.G.A. and counsel for the informant have 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 earlier the sister of the applicants lodged a first information report against the informant
under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad. At this stage, there is no substantive evidence to link the applicant with the offence. The applicants have no criminal antecedents. Further the applicants have presently remained confined for more than one month 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 applicants are entitled to be enlarged on bail.
6. Let the applicants, Rajvindra and Radhey Shyam involved in the aforesaid case be released on bail on their 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 applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants 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 :- 5.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad