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2025 DAILYLAW 73118 (ALL)

PRINCE KUMAR JAISWAR v. STATE OF U.P.

BAIL/23878/2025 · 2025-07-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111464 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23878 of 2025 Applicant :- Prince Kumar Jaiswar Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Sri Maqsood Ahmad Beg, learned counsel has filed his Vakalatnama on behalf of the informant, which is taken on record. Heard Shri Vipin Kumar Singh, learned counsel for the applicant, Shri Maqsood Ahmad Beg, leaned counsel for the informant and Shri Ari Mardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Prince Kumar Jaiswar, seeking enlargement on bail in Case Crime No. 90 of 2024, under Sections 302/34, 504, 506, 120- B I.P.C., Police Station Sikrara, District Jaunpur. 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 24.04.2024. Main role of causing knife injury has been assigned to co-accused Atif @ Pandu. General role of exhortation has been assigned to the applicant herein in the alleged incident. Learned counsel for the applicant submits that similarly circumstanced co- accused Mustqeem Hasami and Aniket Mishra have already been enlarged on bail by co-ordinate Bench of this Court on 06.05.2025 and 06.06.2025 in Criminal Misc. Bail Application No. 30383 of 2024 and 30651 of 2024, respectively, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Prince Kumar Jaiswar, 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. 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 :- 11.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad