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2025 DAILYLAW 109207 (ALL)

AKSHAY SINGH ALIAS AKSHAY KUMAR TOMAR v. STATE OF U.P.

BAIL/44029/2024 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31836 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44029 of 2024 Applicant :- Akshay Singh Alias Akshay Kumar Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mool Chandra Maurya, learned counsel for the applicant, Shri Shyam Narain Rai, learned AGA for the State- respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Akshay Singh Alias Akshay Kumar Tomar, seeking enlargement on bail in Case Crime No. 47 of 2024 , under Sections 323, 324, 325, 504, 506 and 326 of the Indian Penal Code, Police Station Bagwala, District Etah. 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 17.9.2024. No recovery of sword has been made from the possession or pointing out of the applicant or any other co-accused person to be used in the alleged incident. Charge-sheet has already been submitted on 28.9.2024. Learned counsel for the applicant has further argued that the custodial interrogation is no longer required in the case. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Akshay Singh Alias Akshay Kumar Tomar, 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 :- 5.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad