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2025 DAILYLAW 109951 (ALL)

ABHINAV KAMAL ALIAS TILLU v. STATE OF U.P.

BAIL/45245/2024 · 2025-03-05

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32792 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45245 of 2024 Applicant :- Abhinav Kamal Alias Tillu Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 60 of 2022, registered under Sections 147, 148, 149, 352, 325, 307, 326, 427 IPC, Police Station- Nawabganj, District- Kanpur Nagar, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. This is the third bail application moved on behalf of the applicant and this Court while rejecting the second bail application being Criminal Misc. Bail Application No. 17282 of 2023 of the applicant, vide order dated 09.05.2024 directed the Trial Court to decide the trial within a period of six months from the date of production of certified copy of this order. He next submitted that applicant has submitted order dated 09.05.2024 before Trial Court on 18.05.2024 but till today only four fact witnesses have been examined. Further, applicant is languishing in jail since 11.07.2022 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Abhinav Kamal Alias Tillu, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad