Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 50534 (ALL)

VISHAL v. STATE OF U.P.

BAIL/14279/2025 · 2025-05-19

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:84738 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14279 of 2025 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Girish Singh, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 15.1.2025 passed in Criminal Misc. Bail Application No. 31563 of 2024, a copy of which has been brought on record as Annexure-1 to the bail application. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vishal , seeking enlargement on bail in Case Crime No. 511 of 2024, under Sections 8, 20 and 29 of NDPS Act, Police Station Civil Lines, District Moradabad. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that the all the prosecution witnesses are police personnel and are not appearing before the Court below for their evidences despite issuance of non bailable warrant. There is no likelihood of earlier disposal of the pending trial before the Trial Court. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed the prayer for bail, but unable to refute the submissions made by learned counsel for the applicant. 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 , 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 :- 20.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad