Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13812 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44185 of 2024 Applicant :- Ausan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Omraj Singh,Subodh Yadav,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by the applicant is taken on record. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, 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,Ausan Singh , seeking enlargement on bail in Case Crime No.348 of 2018, under Sections 323, 504, 506, 353, 332, 147, 148 and 307 of the Indian Penal Code, Police Station Bela, District Auraiya .
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 06.06.2024. 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 no firearm injury was sustained by the injured. Injured sustained simple injury. General role has been assigned to the applicant. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Having heard and gone through materials placed on record, it is apparent that general role has been assigned to the applicant. 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, Ausan 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 :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad