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2025 DAILYLAW 36266 (ALL)

DEEPAK SINGH v. STATE OF U.P.

BAIL/11655/2025 · 2025-05-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75009 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11655 of 2025 Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri Ritesh Kumar Singh, learned counsel for the applicant, Shri Vijendra Kumar, 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, Deepak Singh, seeking enlargement on bail in Case Crime No. 525 of 2024, under Sections 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of Arms Act, Police Station Rasulabad, District Kanpur Dehat. 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 19.12.2024. Learned counsel for the applicant submits that allegation against the applicant is that he has fired upon the police party, but no one in the incident has received any injury. Recovery of one life cartridge has falsely been planted upon the applicant. He has one case of criminal antecedent, which has sufficiently been explained 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, 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 :- 8.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad