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2025 DAILYLAW 37995 (ALL)

NIKHIL VASU v. STATE OF U.P.

BAIL/11401/2025 · 2025-04-07

Deepak Verma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:50158 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11401 of 2025 Applicant :- Nikhil Vasu Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 364 of 2023, registered under Section 392 I.P.C., Police Station Naubasta, District Kanpur Nagar, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant's name surfaced in the statement of co- accused, Karan Rawat, who has been arrested from spot, has been granted bail by co-ordinate Bench of this Court vide order dated 11.10.2023. Applicant claims parity with co-accused. The applicant is languishing in jail since 20.01.2025 having no previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Nikhil Vasu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad