Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26092 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. This is the second bail application moved on behalf of the applicant. 2. The first bail application of the applicant bearing Criminal Misc. Bail Application No. 12404 of 2025 was rejected vide order dated 16.04.2025 by this Court. 3. Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State-respondents and perused the record. 4. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Praveen Balmiki, seeking enlargement on bail in Case Crime No. 475 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 & Section 4/25 of Arms Act, Police Station- Bhamaura, District- Bareilly. 5. 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 15.12.2024. Learned counsel for the applicant submits that the trail is proceeding at snail's pace and does not seem to conclude in near future. He further submits that co-accused persons have already been enlarged on bail (bail orders of the same are annexed at Annexure-8 to the bail application). The applicant has criminal antecedent of four cases 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. Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Praveen Balmiki .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned AGA has vehemently opposed the prayer for bail. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Praveen Balmiki, 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. 10. 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 9, 2025 Anjali BAIL No. 26092 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad