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2025 DAILYLAW 80262 (ALL)

BITTU ALIAS PRAVESH KASANA v. STATE OF U.P.

BAIL/26391/2025 · 2025-08-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:147142 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26391 of 2025 Applicant :- Bittu Alias Pravesh Kasana Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prakhar Saran Srivastava, learned counsel for the applicant, Shri Punit Kumar Singh, 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, Bittu alias Pravesh Kasana, seeking enlargement on bail in Case Crime No. 253 of 2025, under Sections 109, 111 of the Bharatiya Nyaya Sanhita, 2023, and 3/25/27 of Arms Act, Police Station Surajpur, District Gautam Budh Nagar. 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 02.05.2025. It is a no injury case. Learned counsel for the applicant submits that similarly circumstanced co-accused Naveen has already been enlarged on bail by co-ordinate Bench of this Court on 22.07.2025 passed in Criminal Misc. Bail Application No. 20787 pf 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 criminal history of 12 cases, which is explained in para no. 12 of the bail application and in most of the cases, applicant is on bail or nor not named in the F.I.R., 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, Bittu alias Pravesh Kasana, 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