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2025 DAILYLAW 54886 (ALL)

HARVEER v. STATE OF U.P.

BAIL/15453/2025 · 2025-05-06

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74332 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15453 of 2025 Applicant :- Harveer Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Gaurav Sharma, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 21 of 2025, under Sections 179, 180, 181, 111 of BNS, Police Station Kuthaund, District -Jalaun, during the pendency of trial. 4. As per prosecution story, a total of 70 counterfeit notes of 50 denomination are stated to have been recovered from the possession of the applicant on 03.02.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The instant case is just a misuse of process of law. 6. Learned counsel has also stated that the said recovery has been made after the confession of the co-accused persons. Criminal history of one case under the Arms Act stands explained as the applicant has already been enlarged on bail. The applicant is languishing in jail since 05.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, evidence on record, pending trial, complicity of accused, severity of punishment and without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Harveer, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 7.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad