Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138447 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36253 of 2024 Applicant :- Harishchandra Anuragi Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Gupta,Kamta Prasad,Mahesh Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Harishchandra Anuragi, seeking enlargement on bail in Case Crime No. 467 of 2023, under Section 302 IPC, Police Station Rath, District Hamirpur.
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 14.9.2023.
Learned counsel for the applicant submits that prosecution witnesses, namely, PW1, PW2 and PW3 during their examination before the Trial Court have been declared hostile. They have also been cross examined by the learned DGC, but they failed to support the case of prosecution. He has no criminal antecedent 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. Learned AGA has vehemently opposed the prayer for bail. 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, Harishchandra Anuragi, 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 :- 13.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad