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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25456 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Counter affidavit filed by learned A.G.A. today is taken on record. 2. Heard Sri Hari Shankar Tripathi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 81 of 2025, under Sections 324(4), 288, 61(2) BNS and Section 3(a) of Explosive Substances Act, 1908, Police Station Kotwali, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is not named in the FIR. The name of the applicant has come up in the confessional statement of arrested co-accused persons, which has no evidentiary value in the eyes of law, being hit by Section 23 of BNSS. 5. Learned counsel for the applicant has further argued that the applicant has been granted benefit of Section 41-A of Cr.P.C. in two cases and he is on bail in one case. The applicant is languishing in jail since 12.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Hari Shankar Tripathi, Shailendra Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Vivek Alias Dabbu .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Vivek Alias Dabbu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 #Vik/- BAIL No. 25456 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad