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2025 DAILYLAW 22608 (ALL)

AWADHESH KUMAR v. STATE OF U.P.

BAIL/6903/2025 · 2025-09-03

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6903 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Amaresh Singh learned counsel for the informant, learned A.G.A for the State and perused the record. 2. When the matter was taken up on 14.08.2025, learned counsel for the applicant had submitted that the applicant is ready to pay the due amount on account of which, the matter was fixed for 04.09.2025. 3. Today when the case was taken up, learned counsel for the applicant has produced the demand draft of Rs. 3 lacs being draft no. 530410 in the name of the informant, which has been handed over to Sri Amaresh Singh, learned counsel for the informant, who undertakes that the same will be handed over to the informant. The endorsement of receiving on a photo copy of the draft has been kept on record. 4. Learned counsel for the applicants argued that the disputed amount has been paid to the informant and therefore the applicant may enlarge on bail. 5. Learned counsel for the informant has no objection, in case the applicant is enlarged on bail. 6. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 7. Considering the overall facts and circumstances, the nature of allegations, Versus Counsel for Applicant(s) : Arvind Kumar Verma, Ashutosh Singh, Uday Shankar Tiwari Counsel for Opposite Party(s) : Amaresh Singh, G.A., Raman Pandey, Awadhesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 8. Let the applicant Awadhesh Kumar be released on bail in Case Crime No. 472 of 2024 under Sections 420, 406, 467, 468, 471, 120-B I.P.C., Police Station Sarnath, District Varanasi on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. September 4, 2025 S.Ali BAIL No. 6903 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad