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2025 DAILYLAW 67261 (ALL)

AKHILESH GAUTAM v. STATE OF U.P.

BAIL/20877/2025 · 2025-06-30

Arun Kumar Singh Deshwal

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:101210 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20877 of 2025 Applicant :- Akhilesh Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shiv Shankar Kaithal, learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No.410 of 2023, under Sections 457, 380, 411, 413 and 414 I.P.C., P.S. Rawatpur, District Kanpur Nagar. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. First information report was lodged after about 32 hours of the incident against unknown persons.. His name came in picture during investigation. It is further submitted that co- accused Saurabh Gautam has already been granted bail by co- ordinate Bench of this Court vide order dated 18.04.2024 passed in Criminal Misc. Bail Application No.14198 of 2024. It has been mentioned in the case of Saurabh Gautam itself that he has criminal history of six cases and the applicant has criminal history of seven cases, therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. Chargesheet has been submitted against the applicant, therefore, there is no requirement of custodial interrogation.The applicant is a law abiding citizen and he is languishing in jail since 09.12.2023. In case, he is granted bail, he 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- Akhilesh Gautam, 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 :- 1.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad