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Neutral Citation No. - 2025:AHC:62138 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 829 of 2025 Applicant :- Gulab Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sita Ram Hon'ble Ashutosh Srivastava,J. Heard Shri Manish Kumar Dwivedi, learned counsel for the applicant, Shri Vinod Kumar Pandey, Advocate, holding brief of Shri Sita Ram, learned counsel for the applicnat and Shri Arimardan Yadav, 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-Gulab Singh, seeking enlargement on bail in Case Crime No. 207 of 2024, under Sections-109/117 (2) of B.N.S. and Section 4/25 of Arms Act Police Station-Bilhaur, District-Kanpur Nagar.
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 03.09.2024.
Learned counsel for the applicant submits that a First Information Report has been lodged on 16.07.2024, by the First Informant with the allegation that the applicant and one other named persons attacked upon the first informant with the sharp edged weapon due to which he has sustained serious injuries. Learned counsel for the applicant submits that the injured in his statement has assigned the role of giving blow by knife on the back of the injured. He further submits that in the medical report there is no injury on the back of the applicant caused by the sharp edged weapon. Recovery of knife shown from the possession of the applicant is planted one. In the present case charge sheet has been filed on 22.11.2024. 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.
Learned counsel for the informant as well as 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, , 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 :- 24.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad