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Neutral Citation No. - 2025:AHC:35655 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8435 of 2025 Applicant :- Akhilesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava,Anand Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ajay Srivastava, learned counsel for the applicant and Shri S.K.Ojha, 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, Akhilesh Sharma, seeking enlargement on bail in Case Crime No. 139 of 2024 under Section 137 (2) and 87 B.N.S., Police Station-Karma, District-Sonbhadra.
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 26.11.2024. First Information Report has been lodged 26.11.2024 with the allegation that the applicant had performed marriage before the mother of the first informant and thereafter taken away the sister of the applicant to his home. The victim in her statement under Section 180 B.N.S.S. has supported the version of the first information report where as in statement under section 183 B.N.S.S. she herself has said that she was in love affair with the applicant and her marriage was performed before the mother of the first informant and she wants to live with the applicant. 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 but could not dispute the fact that the applicant has no criminal
antecedents. 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, Akhilesh Sharma, 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 :- 11.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad