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2025 DAILYLAW 67758 (ALL)

SACHIN PANDEY v. STATE OF U.P.

BAIL/21522/2025 · 2025-07-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119178 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21522 of 2025 Applicant :- Sachin Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Satyvrat Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Satyvrat Tripathi, learned counsel for the applicant, Shri Purshottam Maurya, 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, Sachin Pandey, seeking enlargement on bail in Case Crime No. 03 of 2025, under Sections 105, 115 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of Electricity Act, Police Station Manikpur , District Chitrakoot. 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 12.4.2025. Learned counsel for the applicant submits that there is no independent witness of the alleged incident. The alleged incident took place of the field of other persons due to electrocution and the applicant is not responsible for the same in any manner. His uncle has taken the commercial electric connection and the recovered cable from the spot was not cut or torn from anywhere, so the electrocution is not possible. He 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. 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, Sachin Pandey , 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 :- 22.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad