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Neutral Citation No. - 2025:AHC:52253 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10627 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Chandresh Kumar Chaurasiya,Mohd Rehan Ansari,Pradeep Kumar Counsel for Opposite Party :- G.A. R. K. Singh Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents, Shri R. K. Singh, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Akash, seeking enlargement on bail in Case Crime No. 43 of 2023, under Sections 323, 324, 308, 504 of IPC, Police Station Fatehpur Sikri, District Agra.
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 7.3.2025.
Learned counsel for the applicant submits that there is 08 months of delay in lodging the FIR. It is an outcome of cross case. General role has been assigned to the applicant and co-accused persons. He has one case of criminal antecedent, which has satisfactorily been explained 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 counsel for the applicant also submits that similarly circumstanced co-accused Smt. Jal Devi @ Jaldei has already been enlarged on bail by co-ordinate Bench of this Court on 8.7.2024 in Criminal Misc. Bail Application No. 17738 of 2024.
Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail, but could not dispute the fact that that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.
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, Akash, 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 :- 9.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad