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2025 DAILYLAW 73652 (ALL)

SANDEEP KUMAR v. STATE OF U.P.

BAIL/25555/2025 · 2025-09-15

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25555 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Counter affidavit filed today by learned AGA is taken on record. Heard Sri S. B. Tripathi, learned counsel for the applicant, Sri Varun Pratap 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. 124 of 2024, under Sections 308(2), 318(2), 318(4), 338, 336(3), 340(2), 317(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of I. T. Act, Police Station Cyber Crime, District Varanasi. 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 04.12.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Harsh Mishra, Nitin Singh, Abhishek Jaiswal and Vikas Singh have already been enlarged on bail by co- ordinate Bench of this Court on 21.07.2025, 23.07.2025, 24.07.2025 and 25.07.2025 passed in Criminal Misc. Bail Application Nos. 17970 of 2025, 5668 of 2025, 2979 of 2025 and 7557 of 2025 respectively. He submits that the applicant 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, Versus Counsel for Applicant(s) : Shreesh Bahadur Tripathi Counsel for Opposite Party(s) : G.A. Sandeep Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) but could not dispute the aforesaid fact. 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, Sandeep Kumar, 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. September 16, 2025 pks BAIL No. 25555 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad