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2025 DAILYLAW 7450 (ALL)

SUNIL KUMAR ALIAS TINKU v. STATE OF U.P.

BAIL/1428/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27824 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1428 of 2025 Applicant :- Sunil Kumar Alias Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- Anil Kumar,G.A.,Savan Kumar Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. Heard Sri Saif Ali, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondent, 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, Sunil Kumar Alias Tinku, seeking enlargement on bail in Case Crime No.254 of 2024, under Sections 191(2), 190, 115(2), 352, 351(2), 118(2) of B.N.S., Police Station Utraon, District Prayagraj. 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 18.11.2024. Learned counsel for the applicant submits that applicant has no concern with the incident. No specific role has been assigned to the applicant, only general allegation has been levelled against all the accused persons. 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 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, Sunil Kumar Alias Tinku, 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 :- 27.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad