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Neutral Citation No. - 2025:AHC:47975 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10922 of 2025 Applicant :- Vinay Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant, Sri S.K. Ojha, learned AGA-I 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, Vinay Tomar, seeking enlargement on bail in Case Crime No. 16 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, Police Station- Cyber Crime Baghpat, District- Baghpat.
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 26.09.2024.
Learned counsel for the applicant submits that the applicant is not named in the FIR. He next submits that the applicant neither received any single penny in his account nor involved in the alleged incident. It is further submitted that chargesheet has already been submitted by the Investigating Officer in the matter and no useful purpose would be served by detaining the applicant. Co-accused, namely, Shaukin Saifi, has already been granted bail by Coordinate Bench of this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 41843 of 2024. 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, bail has been prayed for. 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, Vinay Tomar, 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 :- 4.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad