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2025 DAILYLAW 51781 (ALL)

NAMAN BHAMBARI v. STATE OF U.P.

BAIL/14628/2025 · 2025-05-14

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80037 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14628 of 2025 Applicant :- Naman Bhambari Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Yadav,Rajjan Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Rajjan Singh Yadav, learned counsel for the applicant, Sri Yagvalkyia Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 74 of 2024, under Sections 420, 465, 467, 468, 471, 34, 120B, 201 of I.P.C., Sections 3/9, 4, 10 of the U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 and Section 66 of the Information Technology Act, Police Station- Civil Lines, District- Prayagraj. 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 10.04.2025. Learned counsel for the applicant submits that similarly placed co- accused, namely, Abhishek Shukla, Ayush Pandey and Naveen Singh have already been enlarged on bail of this Court by orders dated 18.07.2024, 18.07.2024 and 19.07.2024 passed in Criminal Misc. Bail Application Nos. 24046 of 2024, 23953 of 2024 and 24836 of 2024, respectively, copy of the bail orders produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Abhishek Shukla, Ayush Pandey and Naveen Singh who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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, Naman Bhambari, 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 :- 15.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad