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2025 DAILYLAW 25920 (ALL)

AJEET SINGH v. STATE OF U.P.

BAIL/7791/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31347 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7791 of 2025 Applicant :- Ajeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Shankar Tripathi,Rahul Mishra,Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Shyam Narayan Rai, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ajeet Singh, seeking enlargement on bail in Case Crime No. 0242 of 2021, under Sections 147, 323, 504, 506, 304, 34 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jahanaganj, District Azamgarh. 3. 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 01.12.2024. He has criminal history of some more cases, which is clearly explained in para no. 20 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Main role of firing has been assigned to co-accused namely Dinesh Singh not to the applicant. No specific role has been assigned to the applicant regarding his involvement in the alleged incident. Co-accused namely Dinesh Singh, who is said to had fired gun shot by Katta upon Bharat Singh, has been enlarged on bail vide order dated 11.09.2024 passed by the court below. As per injury report of the injured, no fire arm injury received to him. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ajeet Singh, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad