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Neutral Citation No. - 2025:AHC:119548 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22691 of 2025 Applicant :- Punit Pandey Alias Banti Opposite Party :- State Of U .P. Counsel for Applicant :- Kalp Dev Mishra,Sanjay Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit explaining criminal history of the application has been filed today which is taken on record. Heard Shri Kalp Dev Mishra, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA 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, Punit Pandey Alias Banti, seeking enlargement on bail in Case Crime No. 4 of 2025, under Sections 103(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Rampur Manjha, 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 10.03.2025. The applicant is not named in the first information report. Learned counsel for the applicant submits that similarly circumstanced co- accused Prabhakar Tiwari @ Sonu Tiwari has already been enlarged on bail by co-ordinate Bench of this Court on 30.05.2025 in Criminal Misc. Bail Application No. 18880 of 2025. The applicant has explained his criminal history in the supplementary affidavit filed today. 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 submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Punit Pandey Alias Banti, 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 :- 22.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad