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Neutral Citation No. - 2025:AHC:57570 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11754 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Yagyavalka Pandey, 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, seeking enlargement on bail in Case Crime No. 161 of 2024, under sections 352, 307, 325, 506 & 34 I.P.C., Police Station-Sardhana, District Meerut.
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 14.10.2024.
Learned counsel for the applicant submits that First Information Report dated 13.04.2024 has been lodged by the first informant with the allegation that on the date of incident, the applicant including the other named co-accused persons came to the field of the first informant and badly beaten the first informant and his son Anuj by iron rod and Bhala and due to which the son of the first informant sustained injuries over the head and mouth. Learned counsel for the applicant submits that the injured in his statement has assigned the role of causing fire arm injury on the face of the injured to one Pinki, who has been granted bail by a coordiante Bench of this court in Criminal Misc. Bail Application No. 23175 of 2024 vide order dated 08.04.2025. Criminal history of two cases has been explained in paragraph no. 22 of the affidavit filed in support of bail application 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, 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 :- 18.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad