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2025 DAILYLAW 37718 (ALL)

AMIT KUMAR v. STATE OF U.P.

BAIL/11387/2025 · 2025-07-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110254 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11387 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal,Shweta Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mohammad Belal, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Amit Kumar with a prayer to enlarge him on bail in Case Crime No.108 of 2024, under Sections 498A, 302, 201 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Salempur, District- Bulandshahar, during pendency of trial. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that there are 20 witnesses out of which four facts witnesses have been examined and all four facts witnesses have turned hostile. Learned counsel for the applicant has invited attention of the Court to the statements of the four facts witnesses which have been brought on record as Annexure-14 to the affidavit filed in support of bail application which pertains to the statements of P.W.-1 and P.W.-2 and the statements of P.W.-3 and P.W.-4 have been brought on record by way of supplementary affidavit. 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. The applicants has no criminal history. The applicant is in custody since 14.05.2024. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Amit Kumar, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 :- 9.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad