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2025 DAILYLAW 46530 (ALL)

AKHILESH v. STATE OF U.P.

BAIL/13265/2025 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83661 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13265 of 2025 Applicant :- Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Ms. Priyanka Devi, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Session Case No.266 of 2021 arising out of Case Crime No.35 of 2021, under Sections 452, 376 and 506 I.P.C., Police Station Kotwali Mahoba, District Mahoba, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant was granted bail in the instant case by the Co-ordinate Bench of this Court vide order dated 15.11.2021 passed in Criminal Misc. Bail Application No.25972 of 2021 and he had cooperated during trial, but inadvertently he could not attend the court on 10.04.2023, as such, non-bailable warrants were issued against him. The applicant had surrendered before the trial court on 05.03.2025. 6. Learned counsel for the applicant has further argued that the criminal history assigned to the applicant stands explained as he has yet to apply for bail in one another case. The duration of extermination has expired in the said case of Gooda Act. The applicant is languishing in jail since 05.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the aforesaid facts, 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. 9. Let the applicant- Akhilesh, who is involved in aforementioned 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 evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad