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Neutral Citation No. - 2025:AHC:145932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23930 of 2025 Applicant :- Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Rahul Pandey Counsel for Opposite Party :- G.A.,Manish Dubey,Saumitra Dwivedi Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Rajesh Kumar, 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, Prakash, seeking enlargement on bail in Case Crime No. 88 of 2025, under Sections 191(2), 191(3), 115(2), 352, 110, 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Dehat, District Mirzapur.
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 20.03.2025.
Learned counsel for the applicant submits that no specific role has been assigned to the all the accused persons in the alleged incident. Co-accused Rahul and Badal have already been enlarged on bail by this Court vide orders dated 31.07.2025 and 01.08.2025 passed in Crl. Misc. Bail Application Nos. 24484 of 2025 and 24007 of 2025, hence applicant is seeking parity. 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 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, Prakash, 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 :- 23.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad