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2025 DAILYLAW 70256 (ALL)

DIPAK ALIAS DEEPAK v. STATE OF U.P.

BAIL/23345/2025 · 2025-07-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119432 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23345 of 2025 Applicant :- Dipak Alias Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Harsh Narayan Singh, learned counsels for the applicant, Shri Anil Kumar Singh, learned AGA for the State- Respondent 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 seeking enlargement on bail in Case Crime No. 202 of 2024, under Sections 333, 191 (2), 191 (3), 190, 105, 115 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Samthar, District Jhansi. The bail application of the applicant in the court below was rejected by the learned Additional Sessions Judge, Court No. 02, Jhansi, vide order dated 17.04.2025. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and the applicant has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that similarly circumstanced co-accused Smt. Saroj and Smt. Ramkali have already been enlarged on bail by co-ordinate Bench of this Court on 27.05.2025 and 03.06.2025 passed in Criminal Misc. Bail Application No. 17279 of 2025 and Criminal Misc. Bail Application No. 17148 of 2025 respectively. The applicant is languishing in jail since 14.12.2024 and has no criminal antecedent. He further submits that 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. 4. 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. 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, Dipak Alias Deepak, involved in above mentioned case crime number be released on bail, on her 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. iii. 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 :- 22.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad