Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53602 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10963 of 2025 Applicant :- Anju Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Utkarsha Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Utkarsha Shukla, learned counsel for the applicant Sri Punit Kumar Singh, 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, Anju Kashyap, seeking enlargement on bail in Case Crime No. 384 of 2024, under Section 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Subhash Nagar, 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 13.12.2024.
Learned counsel for the applicant submits that in the FIR, the applicant has been assigned the role of attempt to kill by attacking with a knife. The victim is stated to have suffered a fracture on the head. Prima facie, the injuries suffered cannot be stated to have been inflicted by knife. There is no recovery of the alleged weapon used in the incident and also there is no eye witness of the said incident. 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, Anju Kashyap, 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 :- 11.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad