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2025 DAILYLAW 20174 (ALL)

AWADHESH v. STATE OF U.P.

BAIL/6044/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73067 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6044 of 2025 Applicant :- Awadhesh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.,Mayank Gaurav Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant, Sri Mayank Yadav, learned counsel for the informant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.95 of 2024, under Section 304 IPC, Police Station Kishani, District Mainpuri during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been roped in the present matter along with others including co-accused Vishal and after considering entire facts in detail co-accused Vishal has been released on bail by this Court vide order dated 31.1.2025 passed in Criminal Misc.Bail Application No. 1741 of 2025 and on facts case of applicant is at par with him. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 15.1.2025. 5. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Vishal has been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 15.1.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Awadhesh be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad