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2025 DAILYLAW 100016 (ALL)

AKASH ALIAS VISHAL MISHRA v. STATE OF U.P.

BAIL/32964/2025 · 2025-10-07

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32964 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ram Prakash Patel, learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant Akash Alias Vishal Mishra with a prayer to release him on bail in Case Crime No. 124 of 2025, under Section 3/5A/8 of Cow Slaughter Act and 11 Prevention of Cruelty to Animals Act, and Section 325 of the Bharatiya Nyaya Sanhita, 2023, Police Station Tahbarpur, District Azamgarh during the pendency of the trial before the Court below. 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 20.6.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. 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. 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. Versus Counsel for Applicant(s) : Ram Prakash Patel Counsel for Opposite Party(s) : G.A. Akash Alias Vishal Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) Accordingly, the bail application is allowed. Let the accused-applicant, Akash Alias Vishal Mishra, 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. October 8, 2025 Ravi Prakash BAIL No. 32964 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad