ASHOK KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
BAIL/4640/2025 · 2025-09-11
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16206 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16206 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4640 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. There is an illness slip of Sri Sanjay Singh, learned counsel appearing for the informant. The same act was done by learned counsel for the informant on 31.07.2025 and following order was passed :-
"On the matter being taken up, it is pointed out that Mr. Sanjay Singh, learned counsel for the complainant has sent illness slip. Accordingly, the matter is adjourned. Let this matter be listed on 12.08.2025. It is made clear that on the next date, the matter shall not be adjourned on account of non-appearance of the counsel for the complainant and the same shall be heard at first call."
3. Heard Sri Vishnu Kumar Sharma, holding brief of Sri Ramanuj Tiwari, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 4. Applicants seek bail in Case Crime No. 1318 of 2016, under Sections 307, 324, 506 of IPC, Police Station Barhan, District Agra, during the pendency of trial. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. Versus Counsel for Applicant(s) : Brijesh Kumar Mishra, Kiran Tiwari, Mahesh Chandra Tiwari, Ramanuj Tiwari Counsel for Opposite Party(s) : G.A., Sanjay Singh Ashok Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned counsel has next stated that a counter-blast case is tried to be created by the informant as son of the applicant was murdered by two sons of the complainant. 7. Learned counsel has stated that it it true that six injuries were observed by the treating doctor conducting medical examination but all the injuries sustained by the injured person are simple in nature, as such the applicant is entitled for bail. 8. There is no criminal history of the applicants. The applicants are languishing in jail since 18.01.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that it was a complaint case although an application moved under section 156(3) Cr.P.C. was treated as complaint case by the concerned Magistrate, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicants- Ashok Kumar and Ravi alias Kishan, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming BAIL No. 4640 of 2025 2
his independent opinion based on the testimony of the witnesses. September 12, 2025 Sumit S BAIL No. 4640 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad