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Neutral Citation No. - 2025:AHC:114879 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22682 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Ayan Ahmed,Jayant Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsels for the applicant, Shri Yagyavalk Pandey, 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- applicant, Amit, seeking enlargement on bail in Case Crime No. 0050 of 2025, under Section 318 (4), 338, 336 (3), 340 (2), 111 (2) (b), 61 (2) (a) BNS, Police Station Rajpura, District Sambhal. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Sambhal, at Chandausi, vide order dated 11.04.2025.
3. 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 04.03.2025.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged after a considerable delay without giving any explanation for delay in lodging the FIR. No specific overt act has been assigned to the applicant. Applicant is neither an employee nor agent of any insurance company or firm processing such crime. No CDR has been placed on record to establish the presence of the applicant at the place of incident. No forged documents, insurance papers, or other incriminating materials have been recovered from the possession of the application. Learned counsel for the applicant submits that similarly circumstanced co- accused Onkareshwar Mishra Karan @ Karan Mishra has already been enlarged on bail by co-ordinate Bench of this Court on 30.06.2025, passed in Criminal Misc. Bail Application No. 20734 of 2025. He has criminal antecedent of 5 other cases, which has been explained in para 41 of the affidavit filed in support of the bail application. It is submitted that the charge sheet has been filed against the applicant in Case Crime No. 30 of 2025 and cognizance has been taken. There is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail. The allegation levelled against the applicant in the FIR are wholly false, baseless and concocted. Hence, bail has been prayed for. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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-applicant, Amit, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv.
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. 8. 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 :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad