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Neutral Citation No. - 2025:AHC:30706 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 851 of 2025 Applicant :- Rishabh Alias Rishabh Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant and Sri A. R. Chaurasia, the learned AGA for the State and perused the records. 2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.307 of 2024, Section 317(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5) of B.N.S. and Section 66D of the Information Technology Act, Police Station Ali Nagar, District Chandauli. 3. The aforesaid case has been registered on the basis of an FIR lodged against six persons by the Inspector In-charge of Police Station Ali Nagar stating that two motorcycles were intercepted by a police party on which the other five co-accused persons were riding. A large number of sim cards and some money was recovered from them and they stated that they were involved in making unauthorized withdrawals from bank accounts numerous persons by misusing those sim cards. Some of those persons stated that the applicant was also involved with them. 4. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant has been implicated on the basis of custodial statement of some co-accused persons and besides those custodial statements, there is no other incriminating material against the applicant. It is further submitted that on the similar footing the co- accused Ajay Singh has been granted bail by this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 45989 of 2024, therefore, the applicant is also entitled to be released on bail. It has been stated that the applicant is languishing in jail since 26.11.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of
release on bail. Hence the prayer of bail of the applicant is made. 5. Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6.
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. 7. Let the applicant Rishabh Alias Rishabh Gangwar, be released on bail in Case Crime No.307 of 2024, Section 317(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5) of B.N.S. and Section 66D of the Information Technology Act, Police Station Ali Nagar, District Chandauli on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad