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Neutral Citation No. - 2025:AHC:35810 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8463 of 2025 Applicant :- Bhanu Pratap Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar,Rajan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 28 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station Shahganj, District Agra during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Allegation against the applicant is that he had purchased the land of Khasra No. 514/1 situated at Raja Mandi, District Agra through sale-deed dated
28.10.1978. Learned counsel for the applicant contends that the applicant had not purchased the aforesaid land through the said sale-deed. No sale consideration was paid by him. The applicant is not in possession of the said land. The case is purely civil in nature. The instant prosecution has been instituted only for the purposes of harassment. The applicant is in jail since 23.01.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. The case is purely civil in nature. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost one and half month and there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant- Bhanu Pratap Rawat, 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 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; and, (iii) shall not pressurize the prosecution witnesses. 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 :- 11.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad