Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34096 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Rakesh Kumar Maurya, Advocate, holding brief of Sri K.N. Pandey, learned counsel for the applicants, Sri Raj Kumar Mishra, Brief Holder for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants seeking enlargement on bail in Case Crime No. 455 of 2025, under Sections 3,4,5,7,8 of the Immoral Traffic (Prevention) Act, Police Station Naini, District Prayagraj. 3. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 07.09.2025. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants. Nothing incriminating article has been recovered from the possession of the applicant. Learned counsel for the applicants submits that co-accused namely Aamir Alias Amir and Santosh have already been enlarged on bail by co-ordinate Bench of this Court on 26.09.2025 in Criminal Misc. Bail Application Nos. 32535 of 2025 & 33448 of 2025. Applicant is seeking parity with co-accused Santosh. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Achyuta Nand Pandey, Anand Prakash Pandey Counsel for Opposite Party(s) : G.A. Ashok Kumar Shukla And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents and co-accused have already been enlarged on bail. Hence, applicants are also entitled for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicants, Ashok Kumar Shukla, Kanchan and Shobharani Mandal @ Sapna, 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. October 7, 2025 Vibha Singh BAIL No. 34096 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad