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Neutral Citation No. - 2025:AHC:11181 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46261 of 2024 Applicant :- Ashwani Arya @ Rinku Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sanjay Kumar Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State and perused the record. The present bail application has been filed on behalf of applicant to release the applicant-Ashwani Arya @ Rinku Pasi on bail in Case Crime No. 198 of 2024, under Sections 147, 148, 149, 286, 504, 506, 307 & 325 I.P.C., P.S. Colonelganj, District Prayagraj during the pendency of the trial.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. It is further submitted that general role has been assigned by the informant in the F.I.R. to all the named persons. The applicant is not named in the FIR. Initially, role of exhortation is attributed to the co-accused Anand Sonkar and Balwant Sonkar. Applicant was recognized by the informant after watching viral video of the incident. No role of firing with firearm weapon is attributed to the present applicant. It is also submitted that no recovery is made out either from the pointing out or possession of the applicant. The informant during his statement recorded under Section 161 Cr.P.C., reiterated the allegations made in his F.I.R. Injured Abhimanu stated that suddenly he sustained firearm injury but he cannot disclose that who caused firearm injury to him. Other injured Vinayak Ojha, Ram Asrey, Raj Prajapati did not attributed role of firing to the applicants. None of the injured sustained any injury caused by bomb blast. It is also submitted that co-accused Arjun Sonker has been granted bail by this Court vide order dated 29.7.2024 passed in Criminal Misc. Bail Application No. 24196 of 2024 and co- accused Anand Sonkar and Balwant Sonkar has been granted bail by this Court vide order dated 24.10.2024 passed in Criminal Misc. Bail Application No.33422 of 2024 and co-accused, Jay
Singh Sonkar has also been granted bail by this Court vide order dated 14.11.2024 passed in Criminal Misc. Bail Application No. 41945 of 2024, therefore, applicant is also entitled to be released on bail. The criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since
09.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. Per contra, learned A.G.A. for the State has opposed the prayer for grant of bail to the applicant. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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. Let the applicant-Ashwani Arya @ Rinku Pasi in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions: (1). The applicants will not tamper with the prosecution evidence during the trial. (2). The applicants will not influence any witness. (3). The applicants will appear before the trial Court on the date fixed, unless personal presence is exempted. (4). The applicants 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 them from disclosing such facts to the Court to any police officer or tamper with the evidence. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 22.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad