Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107589 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39295 of 2024 Applicant :- Awdhesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kusum Devi,Ram Singh,Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ram Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
2. The instant application has been filed to enlarge the applicant on bail in case crime No.745 of 2024, under Section 318(4), 336(2) and 340(2) B.N.S., P.s. Kotwali Lalitpur, District Lalitpur.
3. As per allegation in the F.I.R., there was exam of Civil Police and during checking in the aadhar card of the applicant his date of birth shows as 15.07.1997. On suspicion the police made query from the applicant. He stated that his real date of birth is
1989. He again passed high school exam by changing his date of birth. Thereafter he passed Intermediate.Submission of
learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence as alleged in the F.I.R. It is further submitted that the applicant has no criminal history. Charge- sheet has been submitted against the applicant, therefore, there is no requirement of custodial interrogation. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is a law abiding citizen and he is languishing in jail since 23.08.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on
bail.
6. Let the applicant- Awdhesh Kumar, involved in the aforementioned crime 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad