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Neutral Citation No. - 2025:AHC:119088 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18568 of 2025 Applicant :- Adesh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dubey Counsel for Opposite Party :- G.A.,Hemant Kumar Hon'ble Ashutosh Srivastava,J. Heard Shri Manoj Kumar Dubey, learned counsel for the applicant, Shri Rajesh Kumar Singh, 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, Adesh, seeking enlargement on bail in Case Crime No. 67 of 2025, under Sections 191(2), 105, 190, 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Hastinapur, District- Meerut. As per the First Information Report, the prosecution story is that the deceased was salesman in a wine shop and on 15.03.2025 at about 09:30pm, when the son of the informant (the deceased) after closing the shop was about to go home, the accused-applicant along with three named persons started pressurizing him to give them wine and when the son of the informant denied to give them wine and started his motorcycle to go home, the accused persons started abusing and one co-accused, Abhi took a brick and hit the son of the informant on his head and after that all accused persons equipped with sharp weapon and lathi-danda started beating him and covered him with blood and ran away and on the way to the hospital, the son of the informant (the deceased) died.
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 17.03.2025.
Learned counsel for the applicant submits that there is no specific allegation of causing injury has been assigned to the applicant and main role of assault has been assigned to co-accused, Abhi. Nothing incriminating has been recovered from possession of the applicant. He further submits that the applicant in drunken condition sustained injuries due to rash and negligent riding of
bike.0 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 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, Adesh, 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 :- 22.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad