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Neutral Citation No. - 2025:AHC:125599 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22487 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijit Saxena, learned counsel for the applicant, Shri Vijendra Kumar, 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, Anil, seeking enlargement on bail in Case Crime No. 340 of 2022, under Sections 306 and 120-B IPC, Police Station Kamla Nagar, District Agra.
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 24.1.2023.
Learned counsel for the applicant submits that there is no direct or indirect role against the applicant. There is no evidence on record to establish the fact that applicant had abated the deceased to commit suicide. Learned counsel for the applicant submits that Section 306 IPC would not attract against the applicant. In order to substantiate his submission, he has placed reliance upon the decision of Hon'ble Supreme Court in case Prabhu versus State rep. by the Inspector of Police, reported in 2024 (0) Supreme (SC) 896. He has one criminal antecedent, which has sufficiently been explained 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, Anil, 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 :- 29.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad