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Neutral Citation No. - 2025:AHC:93757 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16816 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA 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. 701 of 2024, under Sections 191(2), 191(3), 121(2), 109, 132, 125, 265 B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Campierganj, District Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that First Information Report was lodged against nine named persons including the applicant and some other unknown persons with the allegation when the police party reached to the house of the applicant to arrest a criminal. He submits that the applicant and other co-accused persons attacked upon the first informant and his associates in which they have received injuries. The real fact is that the mother of the accused Rahul had moved a complaint Case No. 41308 of 2024 against the police personnel of the concerned Police Station including the alleged injured namely Sachin Singh and Ajeet Kumar with the allegation that they have committed mar- peet with the complainant and other family members and in grudge of the aforesaid incident the applicant has been falsely implicated in the present case. He further submits that the allegation levelled against all the accused person is general in nature. No specific role has been assigned to the applicant. The criminal history of four other cases against the applicant has been explained in the affidavit filed in support of the bail application. It is further submitted that the co-accused Shani, Vikas and Ravi have been granted bail by this Court vide order dated 28.04.2025 and 02.05.2025 passed in
Criminal Misc. Bail Application Nos. 4088 of 2025 and 3995 of 2025 respectively, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 25.10.2024 and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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-applicants, Rahul, involved in above mentioned case crime number be released on bail, on their 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 :- 30.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad