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2025 DAILYLAW 7195 (ALL)

ANKIT @ AMIT v. STATE OF U.P.

BAIL/1338/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74187 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1338 of 2025 Applicant :- Ankit @ Amit Opposite Party :- State of U.P. Counsel for Applicant :- Dhruva Dixit Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Somdev Dixit Advocate holding brief of Sri Dhruva Dixit, learned counsel for the applicant and Sri Ajeet Madhesia, learned Brief Holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 127 of 2024, under Sections 3(5), 108, 351(3), 352 BNS, Police Station Godha, District Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but FIR of the present case was lodged quite belatedly through an application under section 175(3) BNSS and even application under section 175 (3) BNSS was moved after ten days. 5. He further submitted that however, applicant is son of the deceased and as per allegation due to the abetement of the applicant and others deceased i.e. his father committed suicide but entire allegations levelled against the applicant are totally false. 6. He further submitted that even after considering the fact that there is delay in lodging the FIR, no reliance can be placed on the allegation of abatement made against the applicant and others in the FIR. 7. He further submitted that actually father of the applicant i.e. deceased was heavy drinker and some dispute of the deceased arose with his family members and thereafter, he committed suicide. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 12.11.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is son of the deceased and as per allegation due to the abetement of the applicant and others deceased committed suicide but there is delay in lodging the FIR. 12. Further, even allegation, made in the FIR against the applicant, does not prima facie appears to be convincing one. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 12.11.2024. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Ankit @ Amit, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad