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2025 DAILYLAW 53419 (ALL)

ASHOK VERMA v. STATE OF U.P.

BAIL/15582/2025 · 2025-05-07

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15582 of 2025 Applicant :- Ashok Verma Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Saran Srivastava,Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prakhar Saran Srivastava, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0015 of 2025, under Sections 103(1), 61(2), 55 B.N.S., Police Station Khejuri, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits, however, it is a case of double murder but nobody was named in the FIR and during investigation co-accused Akhilesh Chaurasia was made accused and when his statement was recorded then applicant has been made accused in the present matter and except the statement of co- accused and confessional statement of the applicant there is no other evidence against the applicant on record. 4. He further submits, even from the bail rejection order, it reflects, co-accused Akhilesh Chaurasia was the principal accused. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 25.02.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case of double murder but nobody was named in the FIR and during investigation name of the applicant was surfaced in the present matter through the statement of co-accused Akhilesh Chaurasia and it reflects, except the statement of co- accused and confessional statement of the applicant there is no other evidence against the applicant on record. 9. Further, from the bail rejection order of the applicant, it reflects, co-accused Akhilesh Chaurasia is the principal accused. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 25.02.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Ashok Verma 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. 14. 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. 15. 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad