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2025 DAILYLAW 77390 (ALL)

PRAGAT SINGH v. STATE OF U.P.

BAIL/25173/2025 · 2025-08-12

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:139034 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25173 of 2025 Applicant :- Pragat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ranjana Pandey,Vishnu Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit is taken on record. Heard learned counsel for the applicant, Shri Virendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Pragat Singh, seeking enlargement on bail in Case Crime No. 118 of 2025, under Section 103 (1), 117 (2), 351 (2), of BNS Police Station Madhotanda, District Pilibhit. 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 12.5.2025. Learned counsel for the applicant submits that prosecution witnesses, namely, PW1 and PW2 during their examination before the Trial Court have been declared hostile. They have also been cross examined by the learned DGC, but they failed to support the case of prosecution. 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. 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, Pragat Singh, 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 :- 13.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad