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2025 DAILYLAW 39415 (ALL)

AJAY KUMAR @ YASH CHAUDHARY v. State of UP

BAIL/11345/2024 · 2025-07-09

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:111753 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11345 of 2024 Applicant :- Ajay Kumar @ Yash Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Avadh Pratap Singh Shishodia, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 449 of 2023, under Section 307, 506 I.P.C., Police Station- Sector 58 NOIDA, District- Gautam Buddh Nagar, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the F.I.R. as well as the statement of injured, Shivangi, the allegation against the applicant is that he has attacked with knife on the injured Shivangi but as per the injury report of Shivangi, the injuries are lacerated wound which can be caused by hard and blunt object not by a sharp-edged weapon like knife, therefore, allegation is absolutely incorrect. It is further submitted that the applicant has been falsely implicated in the present case. It is also submitted that applicant has no criminal antecedents to his credit. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 26.11.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. 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 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Ajay Kumar @ Yash Chaudhary involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad