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Neutral Citation No. - 2025:AHC:115102 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22819 of 2025 Applicant :- Onkareshwar Mishra Karan Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Anurag Shukla, learned counsel for the applicant, Shri Purushottam Maurya, 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-Onkareshwar Mishra Karan, seeking enlargement on bail in Case Crime No. 13 of 2025, under Sections 109(1), 318(4), 336(3), 338, 340(2), 111(2)(B), 61(2)(A) B.N.S., Police Station Rajpura, District Sambhal during pendency of the trial.
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 18.01.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Nitin Chaudhary has already been enlarged on bail by co-ordinate Bench of this Court on 19.05.2025 in Criminal Misc. Bail Application No. 14995 of 2025. He has a previous criminal history, which have satisfactorily been explained in paragraph-44 of the bail application 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 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-Onkareshwar Mishra Karan, 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 :- 16.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad