Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59464 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11568 of 2025 Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Abhai Kumar Singh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 10 of 2013, under Section 25 of the Arms Act, Police Station Indirapuram, District Ghaziabad.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since
17.01.2025. In the aforesaid case the applicant was granted bail by the court below on 25.01.2013 and after being released on bail the applicant never appeared on any date before the court below. He submits that he was informed by his counsel that his case has been finished and he need not go to the court. When the applicant could not appear before the court below on several dates, a Non Bailable Warrant was issued then the applicant came to know about the status of his case. Thereafter, on 17.01.2025 the applicant surrendered before the Trial Court. 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 of bail, but could not dispute the aforesaid fact. He submits that the accused- applicant never appeared before the Trial Court even on a single date after release on bail as such he may not be granted any indulgence by this Court.
Considering all those 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, Deepak Singh, 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 :- 17.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad