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Neutral Citation No. - 2025:AHC:50541 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9878 of 2025 Applicant :- Dharmveer Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Virendra Singh Yadav, learned counsel for the applicant and Shri Arimardan yadav, 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, Dharmveer, seeking enlargement on bail in Case Crime No. 576 of 2024, under Sections-109, 115 (2), 118 (1), 351 (2), 3(5) B.N.S., Police Station-Aonla, District-Bareilly.
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 21.12.2024.
Learned counsel for the applicant submits that the First Information Report has been lodged on 23.10.2024 with the allegation that the all the accused persons including the applicant entered into the house of the first informant and assaulted the brother of the first informant namely Umesh. The applicant has given blow by Farsa over the head of the applicant and the other persons assaulted by Lathi Danda. Learned counsel for the applicant submits that the injuries are simple in nature. Criminal history of one case has been explained in paragraph no. 18 of the affidavit filed in support of bail application 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, Dharmveer, 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 :- 8.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad