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2025 DAILYLAW 95879 (ALL)

HARIOM URF SEWARAM v. STATE OF U.P.

BAIL/33464/2025 · 2025-10-09

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33464 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 286 of 2025, under Sections 281, 105, 125(b), 324(5) B.N.S., Police Station- Budhana, District- Muzaffar Nagar, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident occurred due to an accident. The alleged vehicle was driven by the applicant. The applicant had no intention to cause death. Investigation has been completed. Charge sheet has been filed. The applicant has no criminal antecedents. The applicant is in jail since 07.07.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that at this stage there is no substantive evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of charge sheet 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be Versus Counsel for Applicant(s) : Jagdish Prasad Mishra Counsel for Opposite Party(s) : G.A. Hariom Urf Sewaram .....Applicant(s) State of U.P. .....Opposite Party(s) enlarged on bail. 6. Let the applicant Hariom Urf Sewaram, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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; (iii) shall not pressurize the prosecution witnesses. 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 10, 2025 Manish Kr BAIL No. 33464 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad