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Neutral Citation No. - 2025:AHC:136526 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23323 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Vivek Singh Counsel for Opposite Party :- Anurag Sharma,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant, Shri Purshottam Maurya, learned AGA for the State, Shri Anurag Sharma, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ankit, seeking enlargement on bail in Case Crime No. 95 of 2025, under Sections 103 (1), 3 (5), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kandla, District Shamli.
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 4.3.2025.
Learned counsel for the applicant submits that main role of firing has been assigned to co-accused Manjeet @ Manpal. Earlier, in the FIR, applicant had not been assigned any role. Later, witness Tanush in his statement has assigned the role of driving bike to the applicant. He has three cases of criminal antecedent, which has sufficiently been explained 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. Learned AGA as well as Shri Anurag Sharma, learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that applicant was indulged in the murder of deceased and in the post mortem report, four injuries were received on the person of deceased including gunshot injuries. 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, Ankit, 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 :- 12.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad