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2025 DAILYLAW 113012 (ALL)

AASHISH KUMAR v. STATE OF U.P.

BAIL/46991/2024 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21016 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46991 of 2024 Applicant :- Aashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Anurag Dubey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Aashish Kumar, seeking enlargement on bail in Case Crime No. 206 of 2024, under Sections 3/5/25 of the Arms Act, Police Station Aunchha, District Mainpuri. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that there is no independent eye-witness of the alleged incident. False and forged recovery has been shown to be recovered from the possession of the accused-applicant. The Police has called the applicant for interrogation at the Police Station and arrested him and sent him jail in the aforesaid forged case. The applicant has criminal antecedents of six cases which has been explained in the affidavit filed in support of the bail application. It is further submitted that on the similar footing the co-accused Sher Bahadur has already been granted bail by the court below vide order dated 05.02.2025 passed in Bail Application No. 165 of 2025 of 2024, therefore, applicant is also entitled to be released on bail. He further submits that the applicant is languishing in jail since 28.10.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. Considering all those 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, Aashish Kumar, 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 :- 13.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad