Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51815 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 678 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri S. K. Rai, learned AGA for the State-Respondent and perused the record. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 500 of 2018, under Section 307 of the Indian Penal Code, Police Station Katra, District Shahjahanpur.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has submitted that according to the prosecution case, the applicant has been assigned the role of firing upon the victim Hasnaz, due to which he suffered injuries on the right chest. It is submitted that applicant is in jail since 15.10.2018. He submits that the applicant has been incarcerated in jail more than 6 years. He further submits that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid submission made by learned counsel for the applicant 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, Gopal, 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 :- 9.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad