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2025 DAILYLAW 28286 (ALL)

ANKUR JATAV v. STATE OF U.P.

BAIL/8630/2025 · 2025-03-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36537 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8630 of 2025 Applicant :- Ankur Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A. representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ankur Jatav, seeking enlargement on bail in Case Crime No. 314 of 2019, under Section 307 of the Indian Penal Code, Police Station Syana, District-Bulandshahar. 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 30.07.2025. In the aforesaid case the applicant was granted bail by the Court below on 14.11.2019. After granting bail the applicant went, who is working as driver for his livelihood, due to some miscommunication was not able to attend the Court below on several dates and due to which non bailable warrant was issued against the applicant and on 30.01.2025 the applicant surrendered before the trial Court and he was sent to jail. The applicant had no previous criminal history but subsequently the police has implicated the applicant in three cases in one stroke 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 learned AGA has vehemently opposed, but could not dispute the fact aforesaid facts. 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, Ankur Jatav, 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 :- 12.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad