PREM SHANKAR BHARTIYA v. STATE OF U.P. AND ANOTHER
BAIL/24801/2025 · 2025-08-10
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72226 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135506 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24801 of 2025 Applicant :- Prem Shankar Bhartiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Manoj Kumar Singh, learned AGA for the State-Respondent and perused the record. 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. 43 of 2025, under Sections 123, 303(2), 317(2), 317(4), 317(5), 340(2), 338, 336(3), 111 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rajgarh, 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 25.05.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Neeraj Saroj, Shiv Kumar Singh and Rohit Kumar Saroj have already been enlarged on bail by this Court on 01.08.2025, 05.08.2025 and 05.08.2025 in Criminal Misc. Bail Application No. 23075 of 2025, 24989 of 2025 and 23315 of 2025 respectively. 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 could not dispute the fact 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, Prem Shankar Bhartiya, 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 :- 11.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad