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2025 DAILYLAW 73179 (ALL)

AHAM MISHRA v. STATE OF U.P.

BAIL/23940/2025 · 2025-07-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111664 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23940 of 2025 Applicant :- Aham Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ram Om Vikram Singh Chauhan, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 459 of 2024, under Sections 318(4), 338, 336(3), 336(2), 340(2), 61(2) of B.N.S., Police Station - Civil Lines, District - Aligarh, during the pendency of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case merely on the basis of recovery of one mobile phone while he was sitting with co-accused persons who were alleged to be involved in preparation of forged mark-sheets though there was no independent witness of the alleged recovery. The applicant is a law abiding citizen and is languishing in jail since 01.10.2024 having no criminal history. Charge has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Aham Mishra, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 11.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad