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Neutral Citation No. - 2025:AHC:122284 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23003 of 2025 Applicant :- Rakesh Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- Ashok Kumar Maurya,G.A.,Hawaldar Ram Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, Sri Ashok Kumar Maurya, learned counsel for the informant learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the the allegation against the applicant is that he has caused injuries with sharp edged weapon and perusal of the injury report goes to show that there is no injury of sharp edged weapon, rather the injuries are simple in nature. He further submits that it is a cross case in which both the sides have sustained injuries.Learned counsel next argued that the applicant has no criminal history. Learned counsel has next argued that similarly situated co-accused namely, Saroj Mali has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.07.2025 passed in Criminal Misc. Bail Application No. 23030 of 2025, copy of which order has been produced before this Court and is taken on record. It is also contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 15.05.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any
indulgence. 4.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Rakesh Pasi involved in Case Crime No.225 of 2025 under Sections 109 (1), 191 (2), 190, 191(3), 115(2), 324(4) of B.N.S., Police Station Reoti, District Ballia, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
7. The bail application is allowed.
Order Date :- 25.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad