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2025 DAILYLAW 113240 (ALL)

AKASH AND ANOTHER v. STATE OF U.P.

BAIL/47133/2024 · 2025-01-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10135 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47133 of 2024 Applicant :- Akash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 188 of 2024, under Sections 191(2), 191(3), 190, 333, 109(1) B.N.S., Police Station- Jansath, District- Muzaffar Nagar during pendency of the trial. 3. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the instant case. The name of the applicants was disclosed by the two injured. As per the medical report of the injured persons they received single injury. Vague and general role have been assigned to the applicants. The role of firing has been assigned to the co-accused Aryan and Hariom. It is next contended that the other named co-accused Golu has been granted bail by this court vide order dated 11.12.2024 passed in Criminal Misc. Bail Application No. 43452 of 2024. The criminal history of the applicant no.1 has been explained in para 16 of the bail application. The applicant no.2 has no criminal history. The applicants are in jail since 26.11.2024. In case they are enlarged on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicants were not named in the first information report. The name of the applicants was disclosed by the two injured. Vague and general role have been assigned to the applicants. The role of firing has been assigned to the co-accused Aryan and Hariom. The other named co-accused Golu has been granted bail by this court. Further the applicants has presently remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants, Akash and Prince involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad