Neutral Citation No. - 2024:AHC:186863 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41774 of 2024 Applicant :- Peetam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Lavkush Kumar Shukla, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Peetam Singh, seeking enlargement on bail in Case Crime No. 398 of 2024, under Sections 191(2), 352, 115(2), 351(3), 110, 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Jagdishpura, District- Agra.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.08.2024. He 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. Learned counsel for the applicant submits that the First Information Report was lodged after 2 days of the incident and the applicant is named in the FIR, but no specific allegation of causing injury has been levelled against the applicant. The injured has been discharged from hospital after 20 days. Nine injuries of the injured was examined by the private doctor which cannot be believed. There is no any independent witness of the incident. The applicant had applied for bail before the court of Sessions Judge, Agra, but the same was rejected vide order dated 05.10.2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed.

Let the accused-applicant, Peetam Singh, 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. 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 :- 28.11.2024 Anjali DigitallyDigitally signedsigned byby :-:- ANJALIANJALI SHARMASHARMA HighHigh CourtCourt ofof JudicatureJudicature atat AllahabadAllahabad