Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145926 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26371 of 2025 Applicant :- Virendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sandip Kumar Shukla,Zahid Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Bijendra 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 seeking enlargement on bail in Case Crime No. 142 of 2025, under Sections 318(4), 338, 336(3), 111(2)(b), 61(2)a of the Bharatiya Nyaya Sanhita, 2023, Police Station Rajpura, District Sambhal.
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 05.07.2025.
Learned counsel for the applicant submits that co-accused persons namely Ravindra Gupta and Shahrukh Khan have already been released on bail by the co-ordinate Bench of this Court as well as by this Court vide orders dated 31.07.2025 and 08.08.2025 passed in Criminal Misc. Bail Application Nos. 26312 of 2025 and 26501 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has no previous criminal history 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, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Virendra 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.
Order Date :- 23.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad