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Neutral Citation No. - 2025:AHC:40426 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9302 of 2025 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Jata Shankar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Jata Shankar, learned counsel for the applicant and Shri Ajai Singh, 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, Vishal, seeking enlargement on bail in Case Crime No. 118 of 2024, under Sections 191 (2), 191 (3), 190, 109, 115 (2), 351 (3) and 117 (2) of the Bharatiya Nyaya Sanhita, 2023 Police Station Purkaji, District Muzaffar Nagar.
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 07.09.2024.
Learned counsel for the applicant submits that role of instigation has been assigned to the applicant. Main role of causing bullet injury has been assigned to the co-accused Nitik @ Bittu. No incriminating articles have been recovered from the possession or pointing out of the applicant. Co-accused Vivek @ Joni, has been granted bail by this Court in Criminal Misc. Bail Application No. 38004 of 2024, vide order dated 18.12.2024. He 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 informant as well as learned AGA has vehemently opposed the prayer for bail. 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, Vishal, 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 :- 20.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad