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2025 DAILYLAW 14697 (ALL)

PRASHANT KASHYAP v. STATE OF U.P.

BAIL/3680/2025 · 2025-02-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28296 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3680 of 2025 Applicant :- Prashant Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Awadhesh Kumar Srivastava, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 472 of 2024, under Sections 103(1)/238 B.N.S., Police Station Cantt., District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to murder of the father of the informant. 4. He further submits, applicant is the grand son of the deceased and during investigation he has been made accused in the present matter on the ground that he lived along with deceased and he used to quarrel with the deceased due to money. He further submits, it appears, except suspicion, there is no cogent evidence against the applicant on record. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.10.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is case of circumstantial evidence and applicant who is grandson of the deceased has been made accused in the present matter during investigation on the ground that he used to fight his grand father i.e. deceased on account of money and it appears, except suspicion, there is no other evidence against the applicant on record. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.10.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Prashant Kashyap be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad