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2025 DAILYLAW 6234 (ALL)

ANKIT KUMAR AHIRWAR v. STATE OF U.P.

BAIL/823/2025 · 2025-04-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51866 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 823 of 2025 Applicant :- Ankit Kumar Ahirwar Opposite Party :- State of U.P. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 177 of 2024, under Sections 87 and 74 of the Bharatiya Nyaya Sanhita, 2023, Police Station Aata, District Jalaun. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has neither enticed away the daughter of the informant nor he has assisted the co-accused in the alleged incident. The applicant has neither outraged the modesty of the victim nor misbehaved with the victim. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. In the medical report, neither external nor internal injury has been reflected on the body of the victim. The applicant is languishing in jail since 27.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. He submits that the age of victim is about 18 years as such she is major. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ankit Kumar Ahirwar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad