An accused person is entitled to bail unless there is a likelihood of fleeing or tampering with witnesses, or the nature of the accusations and the severity of the punishment warrant denial of bail.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58714

of 2022

Applicant :- Ashish

Opposite Party :- State of U.P.

Counsel for Applicant :- Raj Kumar Sharma,Sunil Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Syed Waiz Mian,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record of the present bail application.

The present bail application has been filed by the applicant-

Ashish with a prayer to enlarge him on bail in Case Crime

No.475 of 2022, under Sections 392, 411 I.P.C., Police Station

Rasoolabad, District Kanpur Dehat.

Learned counsel for the applicant has submitted that applicant

has been falsely implicated in the present case; applicant is

innocent person; he is not nominated in the F.I.R.; no recovery

has been made from the possession of the applicant; his name

has been surfaced during the course of investigation; he has not

committed any offence as alleged in the F.I.R.; there is no

public or independent witness; learned counsel for the applicant

has further submitted that there is no possibility of fleeing away

from the judicial process or tampering with the witnesses and in

case, the applicant is enlarged on bail, the applicant shall not

misuse the liberty of bail. The applicant is in jail since

26.09.2022, hence, he is entitled to bail.

Learned A.G.A. has vehemently opposed bail.

Having heard learned counsel for both the parties, gone through

the material placed on record and considering the nature of

accusations, severity of the punishment in the case of

conviction but without commenting on the merits of the case, a

case for bail is made out, accordingly allowed.

Let the applicant, Ashish, 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:

(i) The applicant shall not tamper with the evidence.

(ii) The applicant shall not indulge in any criminal activity.

(iii) The applicant shall not pressurize/intimidate the

prosecution witnesses and co-operate in the investigation of the

trial.

(iv) 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 :- 3.1.2023

HR

Digitally signed by :-

HEMANT RANJAN

High Court of Judicature at Allahabad