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2025 DAILYLAW 27154 (ALL)

VISHAL SINGH v. STATE OF U.P.

BAIL/8300/2025 · 2025-03-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34907 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8300 of 2025 Applicant :- Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Mohit Verma, Advocate has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Prateek Shukla, Advocate holding brief of Sri Mohit Verma, counsel for the informant and Sri V.P.Tripathi, learned AGA for the State- respondent and perused the record. 3. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 181 of 2024, under Sections 319(2), 318(4), 338, 336(3), 61(2) BNS, Police Station Pachokhara, District Firozabad during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No agreement to sell has been executed by the applicant in favour of the third party. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The alleged property is in the possession of the informant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 30.01.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that no agreement to sell has been executed by the applicant in favour of the third party. No amount has been credited in the bank account of the applicant. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. The applicant has 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 delay the trial 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. 7. Let the applicant Vishal Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. 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 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad