Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51365 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10148 of 2025 Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Abhai Kumar Singh, learned counsel for the applicant and Shri Yagyavalk Pandey, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Deepak Singh, seeking enlargement on bail in Case Crime No. 8 of 2013, under Sections 398, 401 I.P.C. and 4/25 Arms Act, Police Station-Indirapuram, 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 17.01.2025. In the aforesaid case the applicant was granted bail by the Court below, trial was started. In the year 2018 counsel for the applicant told the applicant that your case has been finished and due to which the applicant was not able to attend the Trial Court on several dates and hence the Trial Court has issued Non Bailable Warrant against the applicant. The applicant surrendered before the trial Court and from where he was send jail on 17.01.2025. 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 AGA has vehemently opposed the bail application. 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, Deepak Singh, 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 :- 9.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad