Prem Vs State of U.P.

The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 142 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(Kha), 61(2) BNS, Police Station Rajpura, District Sambhal during the pendency of trial.

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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 named co-accused Shahrukh Khan in police study. The said statement insofar as it implicates the applicant, is unreliable. It is next contended that co-accused Shahrukh Khan has been granted bail by the co-ordinate bench of this Court vide order dated 08.08.2025 passed in Criminal Misc. Bail Application No. 26501 of 2025. The applicant claims parity. 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 05.07.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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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

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BAIL No. 29653 of 2025

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information report. The name of the applicant was disclosed by named coaccused Shahrukh Khan in police custody. Co-accused Shahrukh Khan has been granted bail by the co-ordinate Bench of this Court. Further, the applicant 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Prem, involved in the aforesaid case be released on bail on his 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:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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