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Neutral Citation No. - 2025:AHC:114336 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20986 of 2025 Applicant :- Aditya Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Amaresh Chandra Tiwari,Vikas Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Abhishek Tiwari, learned counsel for the applicant and Shri Shashank Singh, brief holder 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, Aditya Sharma, seeking enlargement on bail in Case Crime No. 94 of 2025, under sections 310 (2), 317 (3), 111, 3 (5) of the B.N.S. Police Station-Rajghat, District-Gorakhpur.
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 09.05.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Rajat Kumar, has already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 21288 of 2025 vide order dated 27.06.2025.
Learned counsel for the applicant fairly submits that the applicant is similarly circumstanced except the fact that the co-accused Rajat Kumar, was of no criminal antecedent whereas, the applicant has criminal antecedent of one case which has already been explained in the supplementary affidavit 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, Aditya Sharma, 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 :- 16.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad