AKHILESH SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.
BAIL/8972/2025 · 2025-09-22
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 165230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165230 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8972 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Abhinav Pankaj, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Dev Mani Mishra, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 219 of 2025, under Sections 3(5), 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1) B.N.S and Section 7 of Criminal law Amendment Act, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.07.2025 against six named persons, not including the applicant and some unnamed persons, stating that the accused persons had threatened one Jagannath Vishwakarma for executing a sale deed in favour of one of the named accused persons Vipin Pandey. He alleged that the accused persons had assaulted Jagannath Vishwakarma, Brijesh Tiwarli, Arun Kumar Mishra and Aditya Kumar Mishra and the incident is recorded in the CCTV footage. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no previous criminal history. 5. An F.I.R No. 0222 of 2025 was lodged in Police Station Patti, District Pratapgarh on 24.07.2025 against six persons, including the applicant, alleging that those persons had threatened Jagannath Vishwakarma on
18.07.2025. 6. Learned AGA has produced relevant extracts of case diary as per which, the applicant was arrested on 22.07.2025 on the basis of an information received from a mukbir, along with co-accused persons Jai Prakash Maurya and Harish Jaiswal. Some eye-witnesses have stated that co-accused Sushil Singh had fired shots with a pistol on the exhortation of the applicant. Versus Counsel for Applicant(s) : Adesh Srivastava, Abhinav Pankaj Counsel for Opposite Party(s) : G.A. Akhilesh Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s)
7. Co-accused Harish Jaiswal @ Panney has already been granted bail in the present case by means of an order dated 15.09.2025 passed by this Court in Crl. Misc. Bail Application No.8649 of 2025. 8. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present case is still going on.
9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R; he was arrested along with co-accused persons Jai Prakash Maurya and Harish, on the basis of information received from a mukhbir and, thereafter, the police recorded statements of some eye-witnesses, who assigned role of exhortation on the applicant and no other allegation has been levelled against him; co- accused Harish has already been granted bail whereas the applicant is languishing in jail since 23.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akhilesh Srivastava be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. September 22, 2025 -Amit K- BAIL No. 8972 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench