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Neutral Citation No. - 2025:AHC:82558 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15509 of 2025 Applicant :- Ankit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vashishtha Narayan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Vashishtha Narayan Tripathi, learned counsel for the applicant and Shri Purshottam Maurya,, learned AGA for the State- respondents and perused the record. This is a second bail application. First Bail Application of the applicant has been rejected by this Court in Criminal Misc. Bail Application No. 572 of 2025 vide order dated 03.03.2025. This second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Ankit Sharma, seeking enlargement on bail in Case Crime No. 638 of 2022, under Section 274, 275, 276, 420, 468, 471 I.P.C. and 18 (a) (i), and 27 of Drugs and Consmetics Act, 1940, Police Station-Tronica City, District-Ghaziabad. 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 all other three co-accused persons has been granted bail by the Court below. The applicant is languishing in jail since since more than two and half years. In the present case charge sheet has been filed on 28.04.2024. Learned counsel for the applicant further submits that there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed, but could not dispute the
aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Ankit Sharma, 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 :- 17.5.2025 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