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2025 DAILYLAW 6747 (ALL)

SUBHASH v. STATE OF U.P.

BAIL/1108/2025 · 2025-03-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35840 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1108 of 2025 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 BNSS, has been filed with a prayer to enlarge the applicant on bail in Case Crime No.512 of 2024, under Sections 136, 131, 324(4), 191(2), 191(3), 109(1) B.N.S, Police Station Tappal, District Aligarh, during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No person has received any injury. Face of the applicant was covered. The applicant has not been identified on the basis of any CCTV footage. At this stage, there is no credible evidence to link the applicant with the alleged offence. The applicant does not have any criminal history. The applicant is in jail since 05.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that no person has received any injury. At this stage, there is no substantive evidence to link the applicant with the alleged offence. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Subhash involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad