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2025 DAILYLAW 63274 (ALL)

NEERAJ JAISWAR v. STATE OF U.P.

BAIL/19549/2025 · 2025-08-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130948 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19549 of 2025 Applicant :- Neeraj Jaiswar Opposite Party :- State of U.P. Counsel for Applicant :- Sher Bahadur Yadav,Sunil Kumar Kori Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sher Bahadur Yadav, learned counsel for the applicant and Shri Purshoottam Maurya, learned A.G.A. for the State respondents. This third bail application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Neeraj Jaiswar, seeking enlargement on bail in Case Crime No. 75 of 2022, under Sections 302, 201 and 120B I.P.C., Police Station Civil Lines, District Prayagraj. First Bail application, being Criminal Misc. Bail Application No. 26410 of 2022, was rejected on merits whereas, the second bail application, being Criminal Misc. Bail Application No. 49173 of 2023, was rejected for want of prosecution, by a coordinate Bench of this Court vide orders dated 19.11.2022 and 20.09.2023. Present third bail application is filed on behalf of the applicant stating that while rejecting the first bail application, being Criminal Misc. Bail Application No. 26410 of 2022, of the applicant the coordinate Bench of this Court had expedited the trial, but till date only one witness has been examined. There are 16 witnesses, and therefore, trial may take sufficiently long time. Learned counsel for the applicant further submits that the co- accused Anurag Singh Yadav and Ashok, have already been granted bail in their Second Bail Application, being Criminal Misc. Bail Application No. 38687 of 2023 and 38522 of 2024, by a coordinate Bench of this Court, vide orders dated 09.08.2024 and 08.11.2024. 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that the co-accused have been granted and the applicant has no criminal antecedents. 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, Neeraj Jaiswar, 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 :- 5.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad