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2025 DAILYLAW 57087 (ALL)

VISHWAS v. STATE OF U.P.

BAIL/16096/2025 · 2025-08-13

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139276 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16096 of 2025 Applicant :- Vishwas Opposite Party :- State of U.P. Counsel for Applicant :- Parvish Kumar, Shalini Jaiswal, Wahid Jamal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava, J. Heard Sri Parvish Kumar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A for the State- Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 0187 of 2024, under Sections 147, 148, 149, 307, 302 I.P.C and Sections 3/25/27 Arms Act, Police Station- Khekara, District- Baghpat. 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 09.08.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused -Sunny , Tanuj Dhaka, Ankit , Haroon and Badal Alias Balendra have already been enlarged on bail by this Court as well as by Co-ordinate Bench of this Court on 29.07.2025, 23.01.2025, 21.10.2024, 06.02.2025 and 27.05.2025 in Criminal Misc. Bail Application Nos. 23350 of 2025, 1026 of 2025, 36867 of 2024, 1838 of 2025 and 3266 of 2025 respectively. 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. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused have already been granted bail by this Court. 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, Vishwas, 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 :- 14.08.2025 Vinod. (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad