Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70549 (ALL)

BAUWA @ AMIT KUMAR KORI v. STATE OF U.P.

BAIL/23412/2025 · 2025-07-28

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:126320 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23412 of 2025 Applicant :- Bauwa @ Amit Kumar Kori Opposite Party :- State of U.P. Counsel for Applicant :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, 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, Bauwa @ Amit Kumar Kori, seeking enlargement on bail in Case Crime No. 17 of 2025, under Sections 117 (2), 352, 105, 351 (2) BNS, Police Station- Kakadev, District- Kanpur Nagar. 3. 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 17.02.2025. Learned counsel for the applicant submits that similarly placed co- accused, Suraj Kashyap has already been enlarged on bail of by coordinate Bench of this Court by orders dated 03.06.2025 passed in Criminal Misc. Bail Application No. 16295 of 2025. He further submitted that since the role of the applicant is identical to that of co-accused, Suraj Kashyap, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Bauwa @ Amit Kumar Kori 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. 8. 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 :- 29.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad