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2025 DAILYLAW 52318 (ALL)

JAYVEER v. STATE OF U.P.

BAIL/14851/2025 · 2025-05-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88251 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14851 of 2025 Applicant :- Jayveer Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Masoom Alam, learned counsel for the applicant and Shri Anil 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, Jayveer, seeking enlargement on bail in Case Crime No. 526 of 2024, under Sections 109 (1), 309 (4), 317 (2) of B.N.S. and 25 (3) (1)(A)(B)/27/7 of Arms Act, Police Station-Shamli, District-Shamli. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that initially the applicant was arrested on 09.09.2024, in a Case Crime No. 516 of 2024, under Section 103 (1) of B.N.S. Police Station Shamli, District Shamli. After arresting the applicant, in the aforesaid case crime number, the police has recovered Pistol of 9 mm, one pistol 1.30 bore and one country made pistol of 315 bore, on the pointing out of the applicant. In the First Information Report it has been further alleged that at the time of preparation of the recovery memo the applicant tried to escape from the place of recovery after opening fire upon the police personnel but they any how saved themselves and arrested the applicant and thereafter the present First Information Report has been lodged. Learned counsel for the applicant submits that the entire story is concocted one and the the real fact is that the applicant was arrested in the aforesaid previous case crime number and the police personnel were demanding bribe from the applicant and when the applicant refused to pay he has been falsely implicated in the present case. Criminal history of five cases has been explained the affidavit filed in support of bail application as well as in the supplementary affidavit filed today 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. 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, Jayveer, 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 :- 23.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad