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2025 DAILYLAW 19358 (ALL)

ABHISHEK ALIAS MONU v. STATE OF U.P.

BAIL/6704/2025 · 2025-04-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60347 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6704 of 2025 Applicant :- Abhishek Alias Monu Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent, Sri Ashish Tyagi, learned counsel for the first informant and perused the record. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 76 of 2024, under Sections 307, 308, 352, 452, 504, 506, 34 of the Indian Penal Code, and Sections 4/25/27 of the Arms Act, Police Station Falawada, District Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He submits that the no evidence with regard to admission and discharge of the injured has been made part of the case diary. There is variation in the medical report submitted by the two hospitals. The Police has not recovered the cutter from the spot and there is no independent or public witness of the alleged crime. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. No motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 08.05.2024. The applicant 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, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Abhishek Alias Monu, 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. Order Date :- 22.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad