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2025 DAILYLAW 112294 (ALL)

ASHISH SOLANKI v. STATE OF U.P.

BAIL/46701/2024 · 2025-02-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20531 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46701 of 2024 Applicant :- Ashish Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Narayan Singh(Kushwaha), learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ashish Solanki, seeking enlargement on bail in Case Crime No. 185 of 2024, under Sections 309(4), 317(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 3/25 Arms Act, 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 29.10.2024. 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 only general allegation has been made against the applicant. No specific role of causing injury has been assigned to the applicant. There is no eye witness of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant. 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, Ashish Solanki, 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 :- 11.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad