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Neutral Citation No. - 2025:AHC:36179 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8632 of 2025 Applicant :- Narayan Alias Gollu Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Deepak Kumar Singh, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Narayan @ Gollu, seeking enlargement on bail in Case Crime No. 81 of 2024, under Section 191 (2), 191 (3), 190, 121, 132, 115 (22), 352, 351, 221, 109 B.N.S.S., Police Station-Baburi, District-Chandauli.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since
01.02.2025. First Information Report has been lodged on . 15.07.2024 with the allegation that during investigation the police party including the first informant during investigation of Case Crime No. 80 of 2024 reached to the house of the applicant where all the named accused persons attacked upon the first informant. The real fact is that on 15.07.2024 the some police personnel, without uniform, started beating the applicant and his father and due to which the father of the applicant was hospitalized in Pandit Kamla Pati Tripathi Hospital and thereafter this false first information report has been lodged against the applicant and other accused persons. Co-accused Shyam Lauti Devi, Ranjana @ Tulsa and Sanjana @ Khushboo have been granted bail by this Court in Criminal Misc. Bail Application No. 33747 of 2024, vide order dated 18.10.2024.Applicant has no criminal antecedents 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, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Narayan @ Gollu, 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 :- 12.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad