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2025 DAILYLAW 6909 (ALL)

ABHISHEK v. STATE OF U.P.

BAIL/1113/2025 · 2025-03-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41140 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1113 of 2025 Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed by counsel for the applicant, which is taken on record. 2. Heard Shri Satyendra Kumar Mishra, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State- respondents and perused the record. 3. This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 478 of 2024, under Sections 147, 149, 307, 504 of the Indian Penal Code, Police Station Baghpat, District Baghpat. 4. 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 05.11.2024; applicant is not named in the F.I.R.; his named surfaced during statement of co-accused; he 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; co-accused namely Salman has already been released on bail vide order dated 22.11.2024 passed by this Court in Crl. Misc. Bail Application No. 39859 of 2024. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Abhishek, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 20.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad