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2025 DAILYLAW 18463 (ALL)

AKASH ALIAS JHATPAT v. STATE OF U.P.

BAIL/4770/2025 · 2025-07-27

Avnish Saxena

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:124122 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4770 of 2025 Applicant :- Akash Alias Jhatpat Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- G.A.,Shams Uz Zaman Hon'ble Avnish Saxena,J. 1. Heard Sri Amit Kumar Srivastava, holding brief of Sri Ankit Shukla, learned counsel for the applicant, Sri Shams Uz Zaman, learned counsel for the informant and learned A.G.A. for the State and perused the record. 2. The present bail application, seeking bail, has been moved by the accused-applicant-Akash alias Jhatpat involved in Case Crime No.1004 of 2024, under Sections 352, 351(2),109 and 333 Of B.N.S.2023 and 3/25 Arms Act, Police Station Baghpat, District Baghpat. 3. Learned counsel for the accused-applicant contends that the applicant has been falsely implicated in the present case. The F.I.R. has been registered against four persons including the applicant, whereas charge-sheet has been submitted against the applicant and another, who is not named in the F.I.R. The F.I.R. reveals that there were four persons on the two motorcycles, who had opened fire at injured and the informant. Single shot is mentioned in the medico legal report, which is on middle side of right thigh containing entry wound. Two persons named in the F.I.R. has been exonerated. There is no bony injury. The accused-applicant is in jail since 25.12.2024. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail and submitted that main role has been assigned to the applicant. The charge-sheet is submitted against applicant and another co-accused. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records which prima facie reveals that there were four persons on the two motorcycles, who had opened fire at injured and the informant. Single shot is mentioned in the medico legal report, which is on middle side of right thigh containing entry wound. Two persons named in the F.I.R. has been exonerated. There is no bony injury on the person of the injured. Charge-sheet is submitted. The applicant is in jail since 25.12.2024. 6. Hence, without touching the merit of the case, the bail application is allowed. 7. Let accused/applicant-Akash alias Jhatpat be released on bail in the aforesaid case on his furnishing personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 28.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad