AKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7642/2025 · 2025-08-20
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157913 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48687 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7642 of 2025 Applicant :- Akash Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Ali Moid Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit has been filed by the learned counsel for the applicant, wherein the criminal history of the applicant pertaining to two cases has been explained. The same is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that six named and ten unknown persons are alleged to have shot on the face of the mother of the informant in his house, due to which she became unconscious and fell down. The wife of the informant is also alleged to have been attacked and beaten by the co-accused Nirbhay Singh, Vivek Singh, Akash Singh and the applicant by sharp edged weapons and lathi- danda, due to which she also became unconscious.
Learned counsel for the applicant submits that general role has been assigned to all the sixteen accused persons. There is no specific allegation upon the present applicant. It is next submitted that the co-accused Vaibhav Vikram Singh, Vimal Singh @ Vikas Vikram Singh, Vivek Singh @ Anand Vikram Singh and Nirbhay Singh have already been granted bail by the coordinate bench of this Court vide orders dated 28.7.2025, 7.7.2025, 7.7.2025 and 28.7.2025 passed in Criminal Misc. Bail Application Nos. 2147 of 2025, 2073of 2025, 268of 2025 and 2632of 2025 respectively.Hence, the present applicant claims parity with the bail orders of the said co-accused. It is further submitted that the applicant is languishing in jail since 30.10.2024. Charge-sheet in the case has already been filed.There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the
liberty of bail.
Learned counsel for the applicant submits that co-accused persons Vipul Singh, Vaibhav Vikram Singh, Vimal Singh @ Vikas Vikram Singh, Vivek Singh @ Anand Vikram Singh and Nirbhay Singh have been granted bail by this court and coordinate Bench of this Court vide orders dated 7.8.2025, 28.7.2025, 7.7.2025, 7.7.2025 and 28.7.2025 respectively. He seeks parity with the bail orders of the said co-accused persons. Learned A.G.A. opposed the prayer for bail but could not dispute that it is a case of parity. On due consideration to the submissions advanced, perusal of the record, the ante-mortem injuries of the deceased, the bail orders of the co-accused named above so also the fact that general role has been assigned on all the sixteen accused persons; the applicant has explained the criminal history; he is languishing in jail since 30.10.2024; charge-sheet in the case has already been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Akash Singh involved in Case Crime No. 315 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 324(4), 103, 117(4), 352, 131 of B.N.S., Police Station- Gauriganj, District- Amethi, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.
Order Date :- 20.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench