1. Heard learned counsel for the applicant, Sri Rajesh Kumar Gupta, learned A.G.A. for the State-opposite party and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Kuldeep, seeking enlargement on bail in Case Crime No. 118 of 2024, under Sections 191(2), 191(3), 221, 121(2), 132, 352, 125(b), 351(3) of B.N.S. and Section 7 Criminal Law Amendment Act, Police Station- Musanagar, District- Kanpur Dehat.
3. Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.12.2024. Learned counsel for the applicant submits that only general allegation has been levelled against the applicant. No specific role has been assigned to him. Injuries sustained by the injured persons are simple in nature. Learned counsel for the applicant further submits that the applicant 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.
4. Learned A.G.A. has vehemently opposed the prayer for bail.
5. 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
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Kuldeep, 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.
8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bai