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Neutral Citation No. - 2025:AHC:86012 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13524 of 2025 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rama Shankar Mishra, learned counsel for the applicant and Shri Anil Kumar Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Saurabh, seeking enlargement on bail in Case Crime No. 360 of 2024, under Sections 109, 318 (4), 336 (3), 340 (2) B.N.S. and Section 3/25/27 of Arms Act and 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Khurja Dehat, District- Bulandshahar.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on
10.09.2024. In the prosecution case, it is alleged that on the basis of information received, the police party apprehended the applicant along with other co-accused persons. It is further alleged that the accused persons fired at the police and in defence, they have also fired. In the firing, one co-accused Vakeel suffered fire arm injury in his leg. Co-accused Bukhari, Rashid and Shakeel @ Hakla, have been granted bail by coordinate Bench of this Court as well as by this Court in Criminal misc. Bail Application Nos. 39325 of 2024, 41095 of 2024 and 37963 of 2024, vide orders dated 07.11.2024, 8.01.2025 and 09.01.2025. The applicant 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, but could not dispute the fact that no specific role has been assigned to 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, Saurabh, 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 :- 21.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad