Polard @ Abhishek 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. 147 of 2025, under Sections 191(2), 191(3), 190, 352, 125, 109(1), 3(5), 111(4), 324(4) BNS, Section 7 Criminal Law Amendment Act and Section 25(9) Arms Act, Police Station Bahsuma, District Meerut, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, two groups were firing at each other. In the alleged incident, no person has received any injury. A vague and general role has been assigned to the applicant. It is next contended that the applicant is neither a member of any organized crime syndicate nor he acted on behalf of such syndicate. Criminal history of the applicant has been explained in para 18 of the affidavit. Identically placed co-accused Deepanshu has been granted bail by this Court vide order dated 06.11.2025 passed in Criminal Misc. Bail Application No.38679 of 2025. Applicant claims parity. The applicant is in jail since 22.08.2025 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned Brief Holder for the State has 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 a vague and general role has been assigned to

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BAIL No. 43487 of 2025

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the applicant. Identically placed co-accused Deepanshu has been granted bail by 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 Polard @ Abhishek , 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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