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2025 DAILYLAW 189454 (ALL)

ASHAD ALAM ALIAS KAROON v. STATE OF U.P.

BAIL/37220/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37220 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ashok Kr. Yadav, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 50 of 2017, under Sections 363, 366 IPC, P.S. Gauri Bazar, District Deoria. 3. Contention of learned counsel for the applicant is that though in the F.I.R. the allegation has been made against the applicant for enticing away the grand daughter of the first informant, the victim in her statement under Section 164 Cr.P.C. has clearly stated that she is 21 years old and she herself left her house and the applicant did not commit any wrong to her as she was in relationship with him. Therefore, applicant has been falsely implicated. It is further submitted that the applicant was released on bail in the present case by the court below on 6.6.2017. However, subsequently he could not appear before the court in the year 2023 for which reason non-bailable warrant was issued against him and the applicant want sent to jail on 11.9.2025. Thereafter, he moved a bail application before the court below which was also rejected by order dated 25.9.2025. It is further submitted that in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. It is also submitted by learned counsel for the applicant that applicant has explained his criminal history in the accompanying affidavit and he is languishing in jail since 11.9.2025. Versus Counsel for Applicant(s) : Ashok Kumar Yadav Counsel for Opposite Party(s) : G.A. Ashad Alam Alias Karoon .....Applicant(s) State of U.P. .....Opposite Party(s) 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, this court is of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Ashad Alam @ Karoon involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. BAIL No. 37220 of 2025 2 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; 7eported in (2024) 10 SCC 685. October 29, 2025 Vandana BAIL No. 37220 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad