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Neutral Citation No. - 2025:AHC:145937 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26388 of 2025 Applicant :- Himanshu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Kapil Tyagi, learned counsel for the applicant, Shri Rajesh 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, Himanshu Singh, seeking enlargement on bail in Case Crime No. 564 of 2024, under Sections 103, 351(2), 61(2), 191(2), 193(2), 190 of Bharatiya Nyaya Sanhita, 2023, Police Station Sector-63 Noida, District Gautam Budhha 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 17.12.2024.
Learned counsel for the applicant submits that applicant is not named in the F.I.R. Name of the applicant surfaced in the statement of one Anurag @ Annu. Co-accused persons namely Solu Kumar, Ayush and Rubi have already been released on bail by the co-ordiante Bench of this Court as well as by this Court vide orders dated 30.05.2025, 20.05.2025 and 09.07.2025, 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, Himanshu 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 :- 23.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad