ASHU MOHAMMAD ALIAS AASU CHAUDHARY v. STATE OF U.P.
BAIL/33110/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189579 (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. - 33110 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit is taken on record. Heard Mohd. Naushad, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ashu Mohammad Alias Aasu Chaudhary, seeking enlargement on bail in Case Crime No. 380 of 2025, under Sections 74, 76, 115 (2), 351 (2), 126 (2), 324 (2), 308 (5), 87 of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station Kairana, District Shamli, during the pendency of the trial before the Court below. 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 1.7.2025. Learned counsel for the applicant submits that victim in her statement recorded under Section 183 of BNSS has not levelled any allegation of sexual harassment against the applicant. She, however, said that applicant had saved herself from the clutches of the other co-accused persons. Prosecutrix is major. He has no criminal antecedent and 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. Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Ashu Mohammad Alias Aasu Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Ashu Mohammad Alias Aasu Chaudhary, 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:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3.
The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 15, 2025 Ravi Prakash BAIL No. 33110 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad