Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35144 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Preeti Yadav, learned counsel for the applicant, Shri Puneet 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, Ashish Agnihotri , seeking enlargement on bail in Case Crime No. 337 of 2024, under Sections 363, 336 (A), 372 IPC, Section 7/8 of POCSO Act, Police Station Roja, District Shahjahanpur, 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 11.7.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. The prosecutrix is aged about 19 years. She has not levelled any allegation of sexual intercourse against the applicant. Learned counsel for the applicant submits that similarly circumstanced co-accused Ravi Agnihotri has already been enlarged on bail by co-ordinate Bench of this Court on 29.11.2024 in Criminal Misc. Bail Application No. 41804 of 2025. 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. Learned AGA has vehemently opposed the prayer for bail. Versus Counsel for Applicant(s) : Preeti Yadav, Ramesh Chandra Yadav Counsel for Opposite Party(s) : G.A. Ashish Agnihotri .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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, Ashish Agnihotri , 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 13, 2025 Ravi Prakash BAIL No. 35144 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad