Pradeep Kumar and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:32888

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3245 of 2025

Applicant :- Pradeep Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Swapnil Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J .

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Heard Sri Swapnil Sinha, learned counsel for the applicants, Sri Yagyavalk Pandey, learned AGA for the State-Respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicants, Pradeep Kumar and Arvind Urf Guddu, seeking enlargement on bail in Case Crime No. 320 of 2023, under Sections 341, 323, 504, 506, 307 I.P.C., Police StationAurangabad, District- Bulandshahr.

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Learned counsel for the applicants argued that the accusedapplicants are innocent and they have been falsely implicated in this case crime number. The applicants are languishing in jail since 17.01.2025. In the aforesaid case, the applicants were granted bail by the court below on 07.12.2023 & 12.01.2024. He submits that after being released on bail the accused-applicants could not appear on one date before the Trial Court and the Court below has issued Non Bailable Warrant on 25.10.2024 against the applicants and their bail got cancelled on 23.11.2024. Thereafter, the applicants filed Application under Section 482 Cr.P.C. No. 42647/2024 before this Court, which was dismissed, but granted a week's time protection to the applicants to appear before the court below. Subsequently, the applicants surrendered themselves before the court below and applied for bail, but their bail application got rejected vide order dated 17.01.2025 by the Additional Session Judge/FTC-4, Bulandshahr. Learned counsel for the applicants further submits that the applicants have not deliberately and intentionally avoided the proceedings of the trial court. The applicant no. 1 has criminal antecedent of 1 case in which he is on bail, which is explained in para 19 of the bail application and applicant no. 2 has criminal history of 4 cases, out of four cases, he is on bail in three cases and in one of them he has already been acquitted. Co-accused namely Mohan Pratap Urf Manu and

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Himanshu have already been released on bail vide order dated 5.3.2025 passed by this Court in Crl. Misc . Bail Application No. 7724 of 2025. There is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail.

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Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact.

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Considering all those 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.

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Accordingly, the bail application is allowed.

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Let the accused-applicants, Pradeep Kumar and Arvind Urf Guddu, involved in above mentioned case crime number be released on bail, on their 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:

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1. The applicants will not tamper with the evidence.

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2. The applicants will not indulge in any criminal activity.

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3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

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Order Date :- 6.3.2025 VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Pradeep Kumar and Another v. State of U.P.

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Pradeep Kumar and Another v. State of U.P.

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