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2025 DAILYLAW 57870 (ALL)

AKASH v. STATE OF U.P.

BAIL/17026/2025 · 2025-07-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106682 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17026 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi,Ram Charan Lal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ram Charan Lal, learned counsel for the applicant and Sri Rajiv Kumar Singh, learned A.G.A. for the State and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 55 of 2025, under Sections 109, 318(4), 338, 336(3), 340(2), 142, 127(2), 3(5) of B.N.S., Police Station - Bhojipura, District - Bareilly, during the pendency of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is not named in the first information report. Subsequently, his name surfaced in the confessional statement of co-accused Udit, Umashanker and Smt. Lali who were arrested from the place of incident and from their possession goods and weapons were shown to be recovered. No incriminating article has been recovered either from the pointing out or from the possession of the applicant. It is further submitted that there is no evidence which connect the applicant with the aforesaid incident. The applicant is a law abiding citizen and is languishing in jail since 21.01.2025. Applicant has criminal history of one case which has been properly explained. Charge has already been submitted against the applicant,therefore, there is no requirement of custodial interrogation. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, 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- Akash, 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 :- 7.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad