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2025 DAILYLAW 42020 (ALL)

HARI ALIAS HARISH KUMAR PRAJAPATI v. STATE OF U.P.

BAIL/12761/2025 · 2025-05-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81398 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12761 of 2025 Applicant :- Hari Alias Harish Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajeev Kumar, learned counsel for the applicant, Shri Punit Kumar Singh, 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, Hari Alias Harish Kumar Prajapati, seeking enlargement on bail in Case Crime No. 43 of 2025, under Sections 3 of 2025 of Arms Act, Police Station Prem Nagar , District Jhansi. 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 2.2.2025. Learned counsel for the applicant submits that applicant has been enlarged in other sections arisen from the same incident in Crl. Misc. Bail Application No. 12894 of 2025 on 28.4.2025. The recovery of country made pistol is false one. Three cases of criminal history 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, Hari Alias Harish Kumar Prajapati, 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 :- 16.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad