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2025 DAILYLAW 112477 (ALL)

AKASH v. STATE OF U.P.

BAIL/46541/2024 · 2025-05-20

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85912 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46541 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Diwan Saifullah Khan Counsel for Opposite Party :- G.A.,Sudhir Kumar Hon'ble Chandra Dhari Singh,J. 1. Heard Sri Adesh Kumar and Sri Diwan Saifullah Khan, learned counsel for the applicant, Sri Sudhir Kumar, learned counsel for the informant, Sri Vijay Kumar Rathi, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 317 of 2024, registered under Sections 318(4), 338, 336(3), 340(2), 316(2), 351(2) of BNS, Police Station Nauchandi, District Meerut, 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. Applicant having no concern with the alleged incident. On perusal of contents of FIR discloses civil nature dispute. Criminal history of eight cases have been explained in para no. 3 of the supplementary affidavit. The applicant is languishing in jail since 26.10.2024. Co-accused namely Rahul Tomar and Jasveer have already been released on bail vide orders dated 19.03.2025 & 19.05.2025 passed in Crl. Misc. Bail Applications No. 9057 of 2025 & 13338 of 2025, respectively. After completion of investigation, charge-sheet has been submitted on 13.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned counsel for the first informant and learned A.G.A. have vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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, Akash, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case,(2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Office is directed to de-tag the connected Crl. Misc. Bail Application No. 45647 of 2025 from this application. Order Date :- 21.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad