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2025 DAILYLAW 81783 (ALL)

AMIT SARAIYA v. STATE OF U.P.

BAIL/27645/2025 · 2025-10-07

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27645 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 28 of 2025, under Sections 115(2), 105 B.N.S., Police Station Sahaso, District Etawah during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The deceased died due to a road accident. The applicant had no intention to cause death of the deceased namely Satya Prakash. At this stage there is no credible evidence to link the applicant with the offence. The applicant is in jail since 01.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that at this stage there is no substantive evidence that the applicant had intent to murder Satya Versus Counsel for Applicant(s) : Sukesh Kumar Counsel for Opposite Party(s) : G.A. Amit Saraiya .....Applicant(s) State of U.P. .....Opposite Party(s) Prakash. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. 7. Let the applicant- Amit Saraiya, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 8, 2025 SKT/- BAIL No. 27645 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad