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2025 DAILYLAW 15378 (ALL)

AKHLESH v. STATE OF U.P.

BAIL/3780/2025 · 2025-04-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63318 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3780 of 2025 Applicant :- Akhlesh Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Singh,Om Singh Rathaur,Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Singh and Om Singh Rathaur, learned counsels for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 578 of 2024, under Section 105 B.N.S., Police Station Sirsaganj, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation during investigation applicant has been made accused in the present matter. He further submits, co-accused Vipin was named in the FIR and after considering the entire facts of the case he has been released on bail by this Court vide order dated 03.04.2025 passed in Criminal Misc. Bail Application No. 9119 of 2025 and on facts case of applicant is at better footing than him. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 28.12.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that applicant was not named in the FIR and named accused Vipin has been released on bail and on facts case of applicant is at better footing than him and applicant is not having any criminal history and in the present matter he is in jail since 28.12.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Akhlesh 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. 10. 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. 11. 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 :- 24.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad