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2025 DAILYLAW 44612 (ALL)

VISHAL ALIAS SAHIL v. STATE OF U.P. AND 3 OTHERS

BAIL/13138/2025 · 2025-05-25

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89047 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13138 of 2025 Applicant :- Vishal Alias Sahil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kunal Singh,Lavkush Dixit Counsel for Opposite Party :- G.A.,Sarita Dwivedi Hon'ble Ashutosh Srivastava,J. Heard Shri Lavkush Dixit, learned counsel for the applicant, learned AGA for the State-respondents, Ms. Sarita Dwivedi, learned counsel for the first informant from the Legal Services Authority and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vishal Alias Sahil , seeking enlargement on bail in Case Crime No. 103 of 2024, under Sections 87 and 137 (2) of the Bharatiya Nyaya Sanhita, 2023, and Section 16/17 POCSO Act, Police Station Ushrahar, District Etawah. 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 7.2.2025. Learned counsel for the applicant submits that there is six days delay in lodging the FIR. In the statement recorded under Sections 180 and 183 BNSS, victim had not levelled any allegation against the applicant. He has no criminal antecedent 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, Vishal Alias Sahil , 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 :- 26.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad