LALATU @ AKHILESH KUMAR GOND @ AKHILESH KUMAR SAH v. STATE OF U.P.
BAIL/10199/2025 · 2025-04-08
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33944 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51486 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10199 of 2025 Applicant :- Lalatu @ Akhilesh Kumar Gond @ Akhilesh Kumar Sah Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Shukla,Lok Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Ms. Anita Singh, learned Brief Holder 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 seeking enlargement on bail in Case Crime No. 572 of 2023, under Sections 307 I.P. C. Police Station Kotwali, District Ballia. 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 24.01.2024. He has criminal history of one case, which is explained in para no. 24 of the bail application, in which applicant is on bail 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 due to malafide intention and ulterior motive and to blackmail the applicant and his family members. As per evidence on record, no offence under section 307 I.P.C. is made out. There is no independent witness against the applicant. There is contradictions between the statements of the witnesses. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, 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, Lalatu @ Akhilesh Kumar Gond @ Akhilesh Kumar Sah, 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 :- 9.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad