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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21989 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. This is the second bail application moved on behalf of the applicant. 2. The first bail application of the applicant was rejected vide order dated 04.02.2025 by this Court in Criminal Misc. Bail Application No. 32718 of
2024. 3. Rejoinder affidavit as well as counter affidavit filed in the Court today are taken on record. 4. Heard learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State-respondents and perused the record. 5. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vipin Kumar Pal, seeking enlargement on bail in Case Crime No. 68 of 2024, under Section 8/22 of N.D.P.S. Act, Police Station- Jansath, District- Muzaffarnagar. 6. Learned counsel for the applicant has contended that on 07.08.2024, chargesheet has been submitted by the Investigating Officer in the matter. Learned counsel for the applicant draws the attention of the Court towards the ordersheet of the court below which is annexed at page 99 to the affidavit filed in support of the bail application, wherein it is apparent that trial is proceeding at snail's pace as no witness has yet been examined. The applicant, who is in jail since 23.09.2024 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Gaurav Kakkar, Raghvendra Prakash Counsel for Opposite Party(s) : G.A. Vipin Kumar Pal .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Per contra learned A.G.A. has opposed the bail prayer of the applicant, but could not dispute the submissions made by learned counsel for the applicant. 8.
Considering the facts of the case, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, status of trial, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant, Vipin Kumar Pal, involved in abovesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 Anjali BAIL No. 21989 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad