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Neutral Citation No. - 2025:AHC:130257 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22429 of 2025 Applicant :- Moti Lal Bind Opposite Party :- State of U.P. Counsel for Applicant :- Heema Pal,Rama Kant Yadav,Sant Ram Nigam,Satyendra Vishwakarma Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Satyendra Mishra, learned counsel for the applicant, Shri Mewa Lal yadav, learned counsel for the first informant and Shri S.K.Rai, learned A.G.A.-Ist, 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, Moti Lal Bind, seeking enlargement on bail in Case Crime No. 61 of 2025, under Sections 191 (2), 352, 115 (2), 351 (3), 131, 333, 324 (2), 105, 117 (2) BNS, Police Station- Karimmuddinpur, District-Ghazipur.
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 17.03.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Munni Lal Bind has already been enlarged on bail by a coordinate bench of this Court vide order dated 23.06.2025, in Criminal Misc. Bail Application No. 21314 of
2025. 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the fact that the similarly circumstanced aforesaid co-accused has already been granted 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, Moti Lal Bind, 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 :- 4.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad