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2025 DAILYLAW 26215 (ALL)

PINKU ALIAS SAHIL MALI v. STATE OF U.P.

BAIL/7820/2025 · 2025-03-04

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:31847 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7820 of 2025 Applicant :- Pinku Alias Sahil Mali Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Ojha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ved Prakash Ojha, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Pinku Urf Sahil Mali, seeking enlargement on bail in Case Crime No. 06 of 2025, under Sections 191(2), 119(1), 119(2), 115(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jakhlaun, District Lalitpur. 3. 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 25.1.2025. He has criminal history of three cases, one of them he is on bail and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. No specific role has been assigned to the applicant. As per medical report of the injured, all the injuries received to the injured are simple in nature. As per F.I.R., no allegation made out against the applicant. There is also no evidence or any independent witness to connect the applicant with the alleged incident. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail but could not dispute the aforesaid facts. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Pinku Urf Sahil Mali, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad