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2025 DAILYLAW 32073 (ALL)

TATVEER ALIAS SATVEER v. STATE OF U.P.

BAIL/9961/2025 · 2025-04-01

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45714 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9961 of 2025 Applicant :- Tatveer Alias Satveer Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 01.10.2024 passed in Criminal Misc. Bail Application No. 31476 of 2024 (Tatveer Alias Satveer Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. The applicant, Tatveer Alias Satveer, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 330 of 2024, under Sections 307 IPC, Police Station Surajpur, District Gautam Buddh Nagar, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. He submits that the applicant and the injured were residing in the same house. The injured had taken Rs.75,000/- and when the informant did not return the money, quarrel started between them. Only on the basis of confessional statement of the accused the Police roped him in the present case. He submits that in the present case charge sheet has been submitted on 31.07.2024 and no further custodial interrogation of the applicant is required in the matter. The applicant is languishing in jail since 17.06.2024 and the trial is proceeding at snail pace. The 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, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Tatveer Alias Satveer, 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 :- 2.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad