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2025 DAILYLAW 69598 (ALL)

AMAN v. STATE OF U.P.

BAIL/25446/2025 · 2025-08-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144741 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25446 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Nigam Counsel for Opposite Party :- G.A.,Yadavendra Dwivedi Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Sanjay Kumar Nigam, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Aman, seeking enlargement on bail in Case Crime No. 118 of 2025, under Sections 103(1), 3(5), 191(2), 191(3), 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Rura, District- Kanpur Dehat. 3. There is allegation in the First Information Report that due to some hot talks arose between the parties, the accused-applicant along with other named persons entered the house of the informant and attacked his mother, father and uncle due to which they sustained grievous injuries and subsequently mother of the informant died. 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 28.04.2025. Learned counsel for the applicant submits that no specific allegation of causing injuries has been assigned to the applicant and only general allegation has been levelled against him. Nothing incriminating has been recovered from possession or pointing of the applicant and false joint recovery of lathi danda has been shown by the Investigating Officer. The applicant 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. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Aman, 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. 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 :- 22.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad