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2025 DAILYLAW 73404 (ALL)

PAPPU v. STATE OF U.P.

BAIL/23944/2025 · 2025-07-31

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129534 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23944 of 2025 Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Monu Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rupesh Kumar Singh, Advocate, holding brief of Sri Monu Upadhyay, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents 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, Pappu, seeking enlargement on bail in Case Crime No. 437 of 2024, under Sections 105, 351 (2), 352 BNS, Police Station- Vishunpura, District- Kushinagar. 3. 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 17.05.2025. Learned counsel for the applicant submits that similarly placed co- accused, Dharmendra Prasad, Rahul Prasad and Brijesh Kumar have already been enlarged on bail of by coordinate Bench of this Court by order dated 17.04.2025, 09.04.2025 and 25.06.2025 passed in Criminal Misc. Bail Application Nos. 11849 of 2025, 9089 of 2025 and 21991 of 2025. He further submitted that since the role of the applicant is identical to that of co-accused, Dharmendra Prasad, Rahul Prasad and Brijesh Kumar, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity 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. 4. Learned AGA has vehemently opposed the prayer for bail. 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, Pappu 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: 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 :- 1.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad