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2025 DAILYLAW 37721 (ALL)

AKASH KUMAR PATEL v. STATE OF U.P.

BAIL/11500/2025 · 2025-04-07

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50228 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11500 of 2025 Applicant :- Akash Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 284 of 2024, registered under Sections 331(4), 305A, 317(2), 317(4), 317(5), 3(5) of B.N.S., Police Station- Chunar, District- Mirzapur, during pendency of the trial. 4. Allegation in the first information report is that on 22.10.2024, police party arrested five person including the applicant and recovered 80 gram yellow metal, 3.750 gram white metal, 6 coins, 2 DVR, copper utensils, one care (Duster), one motorcycle and Rs. 3060/- from the possession of all accused persons. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Alleged recovery is false & planted and not supported by any cogent evidence. After arrest, applicant has been implicated in seven other cases. Further, similarly placed co-accused, Amitabh Rajbhar has been granted bail by Co-ordinate Bench of this Court vide order dated 19.02.2025 passed in Criminal Misc. Bail Application No. 3159 of 2025 and claims parity with the co-accused person. The applicant is languishing in jail since 22.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, ground of parity and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Akash Kumar Patel, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad