Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 3201 (ALL)

ASHISH KASHYAP v. STATE OF U.P.

BAIL/42845/2025 · 2026-05-11

Jai Prakash Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42845 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 424 of 2025, under Sections 306, 317(2) BNS, Police Station- Premnagar, District- Bareilly, during pendency of the trial in the court below. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that FIR of the present case was lodged against the applicant with the allegation of theft of cash and ornaments. It is next submitted that however, as per prosecution, on the pointing out of applicant, some stolen articles were recovered but the said recovery was fake and planted one. It is next submitted that applicant has not committed any offence as alleged by prosecution. It is next submitted that criminal history of the applicant has been duly explained in the affidavit and supplementary affidavit and he is languishing in jail since 29.10.2025, therefore, he may be enlarged on bail during pendency of the trial. The prayer for bail has been vehemently opposed by learned A.G.A. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel Versus Counsel for Applicant(s) : Brijesh Singh, Chandra Bhan Kushwaha Counsel for Opposite Party(s) : G.A. Ashish Kashyap .....Applicant(s) State of U.P. .....Opposite Party(s) for the parties; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Let applicant, Ashish Kashyap be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. May 12, 2026 KK Patel BAIL No. 42845 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad