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2025 DAILYLAW 172383 (ALL)

AKASH @ BHOLA v. STATE OF U.P.

BAIL/19224/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19224 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Praveen Mishra, Advocate holding brief of Sri Puneet Kumar Tiwari, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 05 of 2025, under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, Police Station Cyber Crime, District- Sonbhadra. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 18.04.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Rahul and Divya Kumar Pal, have already been enlarged on bail by the Co-ordinate Benches of this Court vide orders dated 21.07.2025 and 14.08.2025 in Criminal Misc. Bail Applications No. 19177 of 2025 and 20990 of 2025. He submits that the applicant has criminal history of single case to his credit, which has been explained in para-3 of the supplementary affidavit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Per contra learned A.G.A. has opposed the prayer for bail of the Versus Counsel for Applicant(s) : Pradeep Yadav, Puneet Krishna Tiwari Counsel for Opposite Party(s) : G.A. Akash @ Bhola .....Applicant(s) State of U.P. .....Opposite Party(s) applicant, but could not dispute the aforesaid fact. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Akash @ Bhola, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 Saif BAIL No. 19224 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad