Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82480 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10447 of 2025 Applicant :- Sarjeet Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Chandrajeet, learned counsel for the applicant and Shri Arimardan yadav, learned A.G.A. for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the applicant with a prayer to release him on bail in Case Crime No.208 of 2025, under section 136, 137 of Electricity Act, Police station Anti Power Tehft, District-Hapur, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. 36 quintal wire, one country made pistol, one live cartridge, two Mahindra Pick Up vehicles have been recovered from 8 accused persons. The applicant has not been arrested on the spot. Recovery has not been supported by independent witnesses. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Learned counsel for the applicant submits that co-accused Surendra, Subhash, Rohit, Sumit and Ravindra have already been enlarged on bail by co-ordinate Bench of this Court on 8.4.2025 in Criminal Misc. Bail Application No. 10320 of 2025. It is also contended that the applicant is languishing in jail since 13.02.2025. Criminal history of seven cases has been explained in the affidavit filed ins support of bail application. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses. Hence bail has been prayed. Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. Let the accused-applicant, Sarjeet, 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 :- 17.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad