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2025 DAILYLAW 68781 (ALL)

AWADHESH ALIAS AWADHESH KUMAR v. STATE OF U.P.

BAIL/22159/2025 · 2025-07-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115521 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22159 of 2025 Applicant :- Awadhesh Alias Awadhesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Jyoti Bhushan, learned counsel for the applicant, Sri Satya Prakash Singh, learned counsel for the informant and Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.198 of 2024, under Sections-308, 323, 504, 506, 336 IPC, Police Station- Gambhirpur, District-Azamgarh, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. It is further submitted that for the same incident, cross cases have been lodged against each other and both sides have suffered injuries. It has been further submitted that all the offence are punishable upto 7 years. He further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16.06.2025. 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 counsel for the informant as well as learned A.G.A. have opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 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- Awadhesh Alias Awadhesh Kumar 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 :- 17.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad