Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39717 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 656 of 2025 Applicant :- Mahaveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- Abhishek Tiwari,G.A.,Hari Narayan Singh Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant, Shri Abhishek Tiwari, learned counsel for the informant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant, Mahaveer Singh, seeking enlargement on bail in Case Crime No. 98 of 2024, under Sections 147, 149, 323, 504, 506, 307 of the Indian Penal Code, Police Station Bela, District Auraiya. 3. 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 07.12.2024; as per statement of the injured, no specific role has been assigned to the applicant; nothing incriminating has been recovered from the possession or pointing out of the applicant; 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; co- accused namely Neelendra @ Neelu and Rajesh have already been released on bail vide orders dated 30.09.2024 and 24.10.2024 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 36185 of 2024 and 37712 of 2024. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 5. Considering all those 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Mahaveer Singh, 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: i. The applicant will not tamper with the evidence. ii.
The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 19.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad