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2025 DAILYLAW 38971 (ALL)

AKASH v. STATE OF U.P.

BAIL/11718/2025 · 2025-05-08

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76046 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11718 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Rishiraj Chauhan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named along with three other accused persons with the allegation that all the accused named in the F.I.R. had abducted the husband of the informant and also assaulted him. The injured was examined and eleven injuries were found on his person which are simple in nature. The statement of injured was also recorded wherein he made general allegations against all the accused and no specific allegation has been made against the applicant. One co-accused, Brijesh has already been enlarged on bail and the case of applicant is not on the worse footing than that of the co-accused, Brijesh, as general role has been made against all the accused. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 07.08.2024, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Akash, be enlarged on bail in Case Crime No. 129 of 2024, under Sections 140(2), 115(2), 352, 351 of B.N.S., Police Station- Rakabganj, District- Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 9.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad