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Neutral Citation No. - 2025:AHC:105891 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19010 of 2025 Applicant :- Nripendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Shukla,Shekhar Mishra Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Sri Ashish Goyal, learned counsel for the informant and Sri Purshottam Maurya, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Nripendra Kumar, on bail in Case Crime No. 122 of 2025, under Section 108 B.N.S., Police Station Sadar Bazar, District Agra, during pendency of the trial.
Learned counsel for the applicant submits, the applicant is father of the wife of the deceased and on the basis of false allegation of abetment he has been roped in the present matter and is languishing in jail since 15.03.2025. No specific allegation has been levelled against the applicant. Learned counsel for the applicant further submits there is no cogent evidence of abetment against the applicant and it appears, due to matrimonial dispute arose between husband and wife, deceased committed suicide and thereafter only being father of the wife of the deceased, applicant has been made accused in the present matter.Learned counsel for the applicant further submits that co-accused, wife of the applicant namely Smt. Poonam Sharma and daughter of the applicant namely Kumari Nishu has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 16032 of 2025, vide order dated 19.05.2025. 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 AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
Considering all those 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, Nripendra Kumar, 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 :- 7.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad