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2025 DAILYLAW 112678 (ALL)

AJAY GIRI v. STATE OF U.P.

BAIL/46727/2024 · 2025-03-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33565 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46727 of 2024 Applicant :- Ajay Giri Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Hemant Kumar learned counsel for the applicant, Shri Rakesh Kumar Mishra, 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, 0256 of 2024, seeking enlargement on bail in Case Crime No. 0256 of 2024, under Sections 140(2), 3 (3), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nauchandi, District Meerut. As per the prosecution story, when the daughter of the informant returned from her school, some unknown persons kidnapped her and thereafter demanded ransom from the informant. 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 3.9.2024 Learned counsel for the applicant submits that the FIR has been lodged against unknown persons. He has further submitted that in the statement of the complainant recorded u/s 161 Cr.P.C., name of the applicant has not been disclosed and in the statement recorded u/s 164 Cr.P.C, name of the applicant was surfaced which is afterthought. The applicant has no concern with the alleged incident. There is no eye witness of the alleged incident. 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. Hence, bail has been prayed for. Learned counsel for the informant as well as 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, Ajay Giri, 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 :- 6.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad