Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30184 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 44 of 2025, under Sections 281, 125(B), 105, 352, 3(5) B.N.S., Police Station- Baberu, District- Banda during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the informant in his statement under section 180 B.N.S.S. It is contended that the said statement is an afterthought and discredits the prosecution case. The applicant had no role in the alleged incident. The death of the deceased was caused due to an accident. Further, the named co-accused has been granted bail by this court vide order dated 4.8.2025 passed in Criminal Revision No.3412 of 2025. The applicant does not have any criminal history. The applicant is in jail since 1.3.2025. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that applicant was not named in the first information Versus Counsel for Applicant(s) : Amit Kumar Dixit, Kameshwar Singh Counsel for Opposite Party(s) : G.A. Rahul Patel Alias Sanjay .....Applicant(s) State of U.P. .....Opposite Party(s)
report. The name of the applicant was disclosed by the informant in his statement under section 180 B.N.S.S. The named co-accused has been granted bail by this court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than seven months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant, Rahul Patel @ Sanjay involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 9, 2025 S.S.
BAIL No. 30184 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad