Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30097 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned Counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 370 of 2024, under Sections 3(5), 111(2)B, 310(2), 317(3), 317(4) B.N.S. and 3/25 Arms Act, Police Station- Lisari Gate, District- Meerut during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Rizwan and Ravi Kumar in police custody. The said statements, insofar as they implicate the applicant, are unreliable. False recovery of a country made pistol, a live cartridge, a knife and Rs.500/- has been shown from the applicant. There is no independent witness to the alleged recovery. Co-accused Rizwan and Ravi Kumar have been granted bail by this Court vide orders dated 30.4.2025 and 3.7.2025 passed in Criminal Misc. Bail Application Nos. 6060 of 2025 and 5529 of 2025. Applicant claims parity. The applicant does not have any criminal history. It is next contended that the applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. The applicant is in jail since 4.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Rajesh Kumar Pal Counsel for Opposite Party(s) : G.A. Kunal Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Rizwan and Ravi Kumar in police custody. There is no independent witness to the alleged recovery. Co-accused Rizwan and Ravi Kumar have been granted bail by this Court.
Further, the applicant has presently remained confined for more than ten months and there is no hope of early conclusion of trial, more so when 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 intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Kunal Sharma involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. 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 S.S.
BAIL No. 30097 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad