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2025 DAILYLAW 68117 (ALL)

ASHISH JAISWAL v. STATE OF U.P.

BAIL/21422/2025 · 2025-08-10

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135688 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21422 of 2025 Applicant :- Ashish Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Deo Shukla,Suresh Kumar Gupta,Vivek Shukla Counsel for Opposite Party :- Ashutosh Kumar Singh,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant complainant. By means of this bail application, the applicant, who is involved in Case Crime No. 44 of 2025, under Section 109/1, 288, 61(2), 53 B.N.S, police station Shankargarh, district Prayagraj, seeks enlargement on bail during pendency of trial. It is contended by learned counsel for the applicant that FIR was lodged on 14.04.2025 under Sections 109 and 288 B.N.S against unknown persons. Later on five persons namely Bhola Kesarwani, Sonu Bhartiya, Neeraj Bhartiya, Bansh and applicant Ashish Jaiswal were apprehended by the police on 29.04.2025 and have been falsely implicated in the present case. It is also pointed that other co-accused persons namely Bhola Kesarwani, Sonu Bhartiya, Neeraj Bhartiya and Bansh have been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 18383 of 2025, 19319 of 2025, 22111 of 2025 and 26846 of 2025 vide order dated 20.06.2025, 24.06.2025, 26.06.2025 and 05.08.2025 respectively and the case of the applicant stands on identical footing to that of co- accused, who have been granted bail by this Court, copies of the said orders have been annexed by the learned counsel for the applicant as Annexure 6 to the supplementary affidavit and hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 29.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant, but do not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Bhola Kesarwani, Sonu Bhartiya, Neeraj Bhartiya, Bansh under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Ashish Jaiswal, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (iii) That after his release, the applicant shall not involve in any criminal activity. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 11.8.2025 Ishrat Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad