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Neutral Citation No. - 2025:AHC:115623 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22945 of 2025 Applicant :- Amit Bhati Alias Bobby Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rakesh Kumar Srivastava, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. 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, Amit Bhati Alias Bobby, seeking enlargement on bail in Case Crime No. 191 of 2024, under sections 103 (1), 61 (2), 3 (5), 189 (4), 351 (2) B.N.S., Police Station-Kasna, District-Gautam Budh Nagar.
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 25.08.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Boby, has already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 1606 of 2025 vide order dated 06.02.2025. Applicant is of no criminal antecedents 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 submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Amit Bhati Alias Bobby, 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 :- 17.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad