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2025 DAILYLAW 63665 (ALL)

VISHAL v. STATE OF U.P.

BAIL/18122/2025 · 2025-07-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111346 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18122 of 2025 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Satish Chandra Mishra Counsel for Opposite Party :- Dhirendra Kumar Agrahari,G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant, today in the Court, which is taken on record. Heard Shri Ram Raj Pandey, learned counsel for the applicant, Shri Dhirendra Kumar Agrahari, learned counsel for the first informant and Shri Manoj Kumar Singh, learned A.G.A. for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 735 of 2024, under Sections 103(1), 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Baraut, 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 03.11.2024. As per F.I.R., role of only catching hold the deceased has been assigned to the applicant herein. Main role of stabbing knife on his chest, has been assigned to co-accused Sonu. Criminal history of only one case has been shown against the applicant, which is clearly explained in para no. 2 of the supplementary affidavit. 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 aforesaid facts. 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, Vishal, 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 :- 11.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad