Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55709 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11380 of 2025 Applicant :- Akash Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sandeep Kumar Chaturvedi, learned counsel for the applicant and Shri Purshottam Maurya, 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, Akash Shukla, seeking enlargement on bail in Case Crime No. 520 of 2024, under Sections-498-A, 323, 506, 328 I.P.C. and 3/4 of D.P. Act, Police Station-Ramgarhtall, District- Gorakhpur.
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 28.02.2025.
Learned counsel for the applicant submits that a First Information Report has been lodged by the wife of the applicant namely Arpita Tripathi, against the applicant and six other family members of the applicant, with the allegation that the applicant and the first informant has solemnized love marriage and after marriage, due to non fulfillment of dowry the applicant and his other family members started cruelty with her and due to which her pregnancy was aborted. In the First Information Report it has also been mentioned that on 09th March, 2024, the applicant has tried to kill her. Learned counsel for the applicant submits that after marriage the first informant was doing private job where she was in illicit relation with one Aditya Pandey and due to which she left the house of the applicant and fled away with said Aditya Pandey and lived for several months with him as husband and wife and when
there appears some dispute she lodged a First Information Report against said Aditya Pandey also and thereafter she returned to the house of the applicant and when the applicant refused from accepting her she has lodged the present First Information Report against the applicant and his entire family members. 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 aforesaid fact. 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 Shukla, 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 :- 16.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad