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2025 DAILYLAW 68789 (ALL)

ABHISHEK @ ABHISHEK SINGH v. STATE OF U.P.

BAIL/22161/2025 · 2025-07-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121488 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22161 of 2025 Applicant :- Abhishek @ Abhishek Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amir Khan, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Abhishek @ Abhishek Singh, seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections 309 (6), 111 (1) of B.N.S. Police Station-Araniya, District-Buladshahar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.04.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Akash Giri, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 19002 of 2025 vide order dated 18.07.2025. Learned counsel for the applicant fairly submits that the applicant is at better footing to the co-accused Akash Giri, as there was recovery of some incriminating materials but no incriminating material has been recovered from the applicant. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. Considering all above 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, Abhishek @ Abhishek Singh, 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 :- 24.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad