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2025 DAILYLAW 67992 (ALL)

TITU ALIAS TELEMAX v. STATE OF U.P.

BAIL/21664/2025 · 2025-07-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108767 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21664 of 2025 Applicant :- Titu Alias Telemax Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Hemant Sharma, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Chitra Singh, seeking enlargement on bail in Case Crime No. 82 of 2025, under Sections 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shahganj, 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 04.03.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. The applicant has not committed any offence as alleged in the FIR and only to harass the applicant, he has been falsely implicated in the added sections. It is further submitted that on the similar footing the co-accused Ajay Kumar Sisodia, Chitra Singh and Kumar Guru Kapoor Alias Kammo have been granted bail by the Court vide order dated 25.06.2025, 04.07.2025 and 24.06.2025 passed in Criminal Misc. Bail Application No. 21058 of 2024, Criminal Misc. Bail Application No. 22245 of 2025 and Criminal Misc. Bail Application No. 20161 of 2025 respectively, therefore, the applicant is also entitled to be released on bail. He further submits that the applicant is handicapped person with 40% disability and a disability certificate issued by the Chief Medical Officer concerned is also annexed as Annexure No. 5 to this bail application. He submits that the applicant has criminal antecedent of one case, which has been explained in the affidavit filed in support of the bail application. He further submits that the applicant is languishing in jail since 04.03.2025 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, Titu Alias Telemax, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. ix. 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 :- 9.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad