Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:147696
Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26407 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Ayan Ahmed,Jayant Rai 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, Amit, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kudhfatehgarh, 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 13.02.2025.
Learned counsel for the applicant submits that applicant is not named in the F.I.R. Name of the applicant surfaced during the course of investigation by showing his photograph. Co-accused persons namely Surajpal, Sachin Sharma @ Monu, Naresh Kumar, Karan Mishra alias Omkareshwar Mishra Karan, Ankit Sharma have already been released on bail by the co-ordiante Bench of this Court as well as by this Court. Bail orders of the same is annexed as Annexure No. 7 to the bail application. Applicant is seeking parity with Suraj Pal and Omkareshwar Mishra Karan, who have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.06.2025 and 10.07.2025 passed in Criminal Misc. Bail Application No. 20251 of 2025 and 22166 of 2025. Omkareshwar Mishra Karan is the main accused of the alleged incident, who is on bail, 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 criminal history of six cases, which is clearly explained in para no. 34 of the bail application. 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, Amit, 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 Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad