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Neutral Citation No. - 2025:AHC:39020 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9088 of 2025 Applicant :- Ankit Sharma Alias Monu Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Gaurav Kakkar, learned counsel for the applicant and Shri Krishna Kant Dubey, learned counsel for the first informant and Shri S.K.Rai, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ankit Sharma Alias Monu, seeking enlargement on bail in Case Crime No. 55 of 2025, under Section 109 (1), 352, 3(5) of B.N.S. Police Station-Madhuban Bapudham, District-Ghaziabad.
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 12.02.2025.
Learned counsel for the applicant submits that in the First Information Report it is alleged that on the day of incident the applicant and tow other persons namely Surya and Raja came in a Car carrying illegal weapons have opened fire upon the injured. The specific role of firing has been assigned to co-accused Raja. He further submits that the injured himself has denied from his medical examination. Applicant has no criminal antecedent 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 counsel for the first informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
Considering all above 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, Ankit Sharma Alias Monu, 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 :- 19.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad