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2025 DAILYLAW 157466 (ALL)

AKASH SONI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7501/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46999 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7501 of 2025 Applicant :- Akash Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Gaurav Mishra,O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Gaurav Mishra, learned counsel for the applicant, Shri Manish Kumar PLandy learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.73 of 2024 under Sections 309(4), 317(2), 61(2) of B.N.S. registered at Police Station- Bhiti, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2025 against two unknown persons stating that the accused persons had robbed the informant at about 09:30 PM on 04.04.2025 of a mobile phone and a bag full of notes kept in his shop. 4. The police claim to have arrested the applicant and another co-accused Avinash Kamal on the basis of an information received from a Mukhbir. Rs.20,000/- have been recovered from the applicant and Rs.37,000/- from co-accused person and in the custodial statement, they confessed about their involvement in offence in question along with the three other accused persons. 5. In the affidavit filed in support of the bail application, it has been stated that prior to lodging of the present FIR, the applicant was involved in another criminal case bearing Case Crime No.967 of 2024 u/S 303(2) of BNS, in which he has been granted bail by means of an order dated 18.06.2025 passed by the C.J.M., Barabanki. 6. Co-accused persons namely, Shivam Soni and Alok @ Alok Soni have been granted bail in the present case by means of orders dated 17.07.2025 and 10.07.2025 passed by this Co- ordinate Bench of this Court in Crl. Misc. Bail Application Nos.6574 of 2025 and 6387 of 2025 respectively. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 28.05.2025. However, he could not inform the Court as to whether any identification parade has been conducted in the present case and the applicant has been identified by the victim or not. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been arrested on the basis of an information received from a Mukhbir and the alleged recovery made from him has not been witnessed by any independent person; the applicant has not been identified by the informant and two co-accused persons have been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Akash Soni be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 12.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench