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Neutral Citation No. - 2025:AHC:137640 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22000 of 2025 Applicant :- Balwant Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Tiwari,Shantanu,Vikram Singh Shrivastava Counsel for Opposite Party :- G.A.,Ved Prakash Ojha Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicants, Sri Ved Prakash Ojha,
learned counsel for the first informant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Balowant Singh and Manohar Singh, seeking enlargement on bail in Case Crime No. 03 of 2025, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 351 (3), 109, 103 (1), 3 (5), BNS and 3/25/27 Arms Act, Police Station- Purakala, District- Lalitpur. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
05.01.2025. It is submitted that similarly placed co-accused, Balbeer Singh and Jajpal Singh have already been enlarged on bail of by coordinate Bench of this Court by orders dated 25.06.2025 passed in Criminal Misc. Bail Application Nos. 21965 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Balveer Singh and Jajpal Singh, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Balwant Singh and Manohar Singh involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv.
The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 12.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad