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2025 DAILYLAW 41645 (ALL)

AKSHAY KUMAR v. STATE OF U.P.

BAIL/12301/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74113 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12301 of 2025 Applicant :- Akshay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Anita Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 827 of 2020, under Sections 302, 364, 201/34 IPC, Police Station Sirsaganj, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case in which after two years applicant has been made accused in the preset matter along with several others including co-accused Smt. Gyan Devi @ Giran Devi and after considering the entire facts of the case in detail, co-accused Smt. Gyan Devi @ Giran Devi has been released on bail by this Court and her bail order has been annexed at page-119 of the paper book and applicant is son of co-accused Smt. Gyan Devi @ Giran Devi and on facts, case of applicant is at par with her. 4. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 12.12.2022 i.e. for last almost two and half years. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects, FIR of the present case was lodged in the year 2020 and after two years applicant has been made accused in the present matter along with his other family members including her mother Smt. Gyan Devi @ Giran Devi and after considering the entire facts of the case in detail, co-accused Smt. Gyan Devi @ Giran Devi has already been released on bail by this Court and as far as merit of the case is concerned, the case of applicant is at par with her. 8. Further, applicant is not having any criminal history and in the present matter he is in jail since 12.12.2022 i.e. for last almost two and half years. 9. Therefore, considering the facts and circumstances of the discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Akshay Kumar be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad