Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81671 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13637 of 2025 Applicant :- Suryabhan Alias Surajbhan Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Jitendra Prasad Mishra, learned counsel for the applicant, Shri Rajesh 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, Suryabhan Alias Surajbhan, seeking enlargement on bail in Case Crime No. 158 of 2007, under Sections 420, 467, 468, 471, 120B, 35 , Police Station Baberu , District Banda.
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 17.3.2025.
Learned counsel for the applicant submits that there is allegation against the applicant that he has committed any forgery. There is only allegation of receiving a gun licence from Nagaland. The gun licnece has been canceled by Addl. District Magistrate Banda vide
order dated 13.6.1997, but applicant had already deposited his gun on 2.9.1996. Charge sheet in this case has already been submitted on 7.4.2008. 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, Suryabhan Alias Surajbhan, 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