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Neutral Citation No. - 2025:AHC:86755 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14665 of 2025 Applicant :- Chhote Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Arvind Kumar Sahu, learned counsel for the applicant and Shri Arimardan Yadav, 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, Chhote, seeking enlargement on bail in Case Crime No. 87 of 2025, under Sections 109, 331 (7), 118 (1), 62 (2) B.N.S. and 3/25 Arms Act, Police Station C.B.Ganj, District- Bareilly.
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
22.02.2025. Learned counsel for the applicant submits that the First Information Report has been lodged against unknown persons with the allegation that on the date of incident two unknown persons entered into the house of the injured Liladhar and attacked upon him with knives in which the victim has sustained several injuries. From the perusal of the First Information Report it is clear that the incident is of night and there is no eye witness of the incident. His name has been surfaced in the statement of Ram Singh. Recovery shown from the possession of the applicant is planted one as there is no eye witness of the said recovery. 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 but could not dispute the fact that the applicant has no criminal antecedents. 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, Chhote, 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 :- 22.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad