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2025 DAILYLAW 13034 (ALL)

ABHISHEK JAISAWAL v. STATE OF U.P.

BAIL/2979/2025 · 2025-07-23

Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121820 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2979 of 2025 Applicant :- Abhishek Jaisawal Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 124 of 2024, under Section 308(2), 318(2), 318(4), 338, 336(3), 340(2), 317(2), 61(2) BNS and Section 66 D, I.T. Act, Police Station Cyber Crime, District Varanasi during the pendency of trial. 3. It is submitted by learned counsel for the applicant that identically placed co-accused Harsh Mishra and Nitin Singh have been granted bail by co-ordinate Benches of this Court vide order dated 21.7.2025 and 23.7.2025 passed in Criminal Misc. Bail Application Nos. 17970 of 2025 and 5668 of 2025. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal history. He is languishing in jail since 13.12.2024. 4. On the other hand, learned AGA opposed the prayer for bail. 5. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court 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- Abhishek Jaisawal, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 24.7.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad