ANKIT KUMAR v. STATE OF U.P. THROUGH SECRETARY HOME, GOVERNMENT OF U.P. LUCKNOW
BAIL/12490/2025 · 2025-04-23
Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43631 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63572 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12490 of 2025 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Through Secretary Home, Government Of U.P. Lucknow Counsel for Applicant :- Om Prakash Pandey,Vimal Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant application has been filed under Section 483 of the BNNS, 2023 for seeking bail in Case Crime No.0246 of 2021 under sections 147, 148, 308, 323, 504, 506 and 427 IPC, Police Station - Jhunsi, District – Police Commissionerate - Prayagraj during pendency of the trial.
2. Learned counsel appearing on behalf of the applicant/petitioner submitted that the applicant is innocent and has not committed offence as alleged in the FIR. As per prosecution story, five persons including the applicant are alleged to have assaulted the informant. As per medical report, informant sustained 6 injuries which are simple nature. Injury no. 6 was recovered after X-ray examination. As per medical report, said injury is fracture of the left side of the prontal bone. It is contended that as there are general role assigned to the accused persons. There is no specific role assigned to any one. It is submitted that the other co-accused persons namely (1) Pawan Sonkar, Paras Lal Sonkar and Sachin Sonkar have already been enlarged on bail by the co-ordinate Bench of this Court on 16.11.2023, 7.4.2025 and 7.11.2025 respectively.
3. Learned counsel appearing on behalf of the applicant submitted that is a man of clean antecedents and has no previous criminal history. Charge sheet has been filed on 14/9/2021 and cognizance
was taken on 15.5.2023.
4. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.
5. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid submissions as argued by the
learned counsel for the applicant.
6. Heard learned counsel for the applicant, learned AGA for the State and perused the record
7. I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. It is admitted fact that the applicant is languishing in jail since 3.3.2025, charge sheet has been filed, the applicant has no previous criminal history as well as the other co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court and further there is no chance of early conclusion of the trial. 8.Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed.
9. Let the applicant - Ankit @ Ankit Kumar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)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 evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of
charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
19. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.4.2025 S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad