Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91254
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18339 of 2025 Applicant :- Lokesh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Vishal Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sunil Vishal Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.747 of 2024, under Sections 64(1) B.N.S., Police Station- Ramgarh, District- Firozabad, during the pendency of trial.
4. Learned counsel for the applicant has stated that in the instant case the applicant was enlarged on bail by this Court under Sections 108, 316(2), 66(1) B.N.S. vide order dated 4.4.2025 passed in Criminal Misc. Bail Application No.6027 of 2025. Later on during investigation, Section 64(1) B.N.S. has been added.
Learned counsel has further stated that the applicant has not misused the said liberty granted to him earlier on. The applicant is languishing in jail since 15.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned counsel for the applicant has placed much reliance on the judgments of the Supreme Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although the instant case is of regular bail, but it can be considered to be on better footing.
6. Learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the aforementioned judgments of the Supreme Court, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Lokesh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 28.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad