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2025 DAILYLAW 33492 (ALL)

LAKSH BAREJA v. STATE OF U.P. AND 3 OTHERS

BAIL/10034/2025 · 2025-05-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73772 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10034 of 2025 Applicant :- Laksh Bareja Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Raj Kumar Khanna,Sandal Khanna Hon'ble Ashutosh Srivastava,J. Heard Shri Krishna Dutt Tiwari, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and Sri Ajay Kumar Singh, learned counsel holding brief of Raj Kumar Khanna and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Laksh Bareja, seeking enlargement on bail in Case Crime No. 88 of 2025, under Sections 77, 78, 79, 109, 191(2), 190 B.N.S. and Section 11/12 POCSO Act, Police Station- Civil Line, District- Moradabad. 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 08.02.2025. Learned counsel for the applicant submits that similarly placed co- accused, namely, Yash Sirohi, has already been enlarged on bail by this Court by order dated 07.04.2025, passed in Criminal Misc. Bail Application No. 11271 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, namely, Yash Sirohi, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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 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, Laksh Bareja, 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 :- 7.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad