Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40450 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 743 of 2025 Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Mohd. Naushad Ahmad Khan, learned counsel for the applicant, Sri Ashok Kumar Rai, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Dheeraj, seeking enlargement on bail in Case Crime No. 251 of 2024, under Sections 123, 308(5), 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 67A of Information of Technology Act, Police Station- Khekda, 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 17.08.2024.
Learned counsel for the applicant submits that in the FIR, there is no mention of the place of alleged incident and there is no independent witness of the said incident. Nothing incriminating has been recovered from the possession of the applicant. He next submits that chargesheet has already been submitted in this matter by the Investigating Officer and no useful purpose would be served by detaining the applicant. No any objectionable video or photo has been made viral by the applicant and only to harass the applicant, he is being falsely implicated in this case. The applicant 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. 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-applicant, Dheeraj, 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 :- 20.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad