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Neutral Citation No. - 2025:AHC:85560 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16318 of 2025 Applicant :- Piyush Rai Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Indra Kumar Chaturvedi, learned Senior Counsel, assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide order dated 12.12.2024, passed in Criminal Misc. Bail Application No. 37754 of 2024, Piyush Rai vs. State of U.P., certified copy whereof has been brought on record as Annexure-1 to the bail application. The applicant- Piyush Rai, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 108 of 2024, under Section 140 (2) of B.N.S., Police Station-Bhanwarkol, District-Ghazipur. 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, during pendency of trial. Apart from the above, learned counsel for the applicant submits that in the present case, main accused Nandu Rai, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 7019 of 2025, vide order dated 29.04.2025. In the present case Charge sheet has been filed by the Investigating Officer and charges have also been framed against the applicant and there is no further need of custodial interrogation of the applicant. 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, Piyush Rai, 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 :- 21.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad