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Neutral Citation No. - 2025:AHC:77046 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11603 of 2025 Applicant :- Sonu Jaiswal Alias Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Ali Jamal Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ali Jamal Khan, learned counsel for the applicant, Sri Purshottam Maurya, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 47 of 2025, under Sections 274, 275, 319(2) 318(4), 338, 336(3), 340(2) 349, 350(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 63/65 of Copy Right Act, Police Station Lalganj, District Mirzapur.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant works in the shop of his uncle namely Kamlesh Jaiswal and his son namely Vinit Jaiswal is engaged in the business of spices. Vinit Jaiswal purchases spices of Rajesh Masala from registered agency namely Shail Putri Enterprises situated at Mirzapur. He submits that there is some commercial dispute between the two firms namely Vinit Jaiswal and Shail Putri Enterprises due to which the applicant has falsely been implicated in the present case. He submits that the applicant is a Van Driver and he is hired by suppliers to transport their products. The applicant is not engaged in production and supply of spices. No specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 28.02.2025. The applicant has criminal antecedent of one case which has been explained in the affidavit filed in support of the bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Sonu Jaiswal Alias Rajendra, 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 :- 12.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad