Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:140428 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25388 of 2024 Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla,Shashank Shukla,Sukrampal,Vivek Singh Counsel for Opposite Party :- Anurag Yadav,G.A.,Mahendra Pratap Hon'ble Santosh Rai,J.
1. Heard learned counsel for the applicant and learned AGA for the State-respondents and perused the record.
2. This bail application has been moved on behalf of accused- applicant, Ashish seeking enlargement on bail in Case Crime No.178 of 2024, under Sections 307, 504, 506, 34 I.P.C. and Section 3/25/27 of Arms Act, Police Station- Baraut, District- Baghpat.
3. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.03.2024. It is submitted that applicant has no role in committing the attempt to murder. It is further submitted that applicant has no any kind of intention to commit the offence of attempt to murder of the injured, it happens only due to sudden provocation. It is further submitted that as per report of the injuries are found on the lower lip of the injured and the Investigating Officer has also recorded the statement of the injured under Section 161 Cr.P.C. wherein she has supported the prosecution version. It is further submitted that all the three co-accused persons have already been enlarged on bail and applicant has no criminal history except the aforesaid case. It is further submitted that trial has not been initiated till now. 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. Per contra, learned AGA has vehemently opposed the the prayer for bail.
5. After perusing the record in the light of submission advanced by
learned counsel for applicant and learned AGA and considering all above facts and circumstances, the nature of accusations, severity of the punishment 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, Ashish 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.
9. Trial court is directed to expeditiously conclude the trial of the present case.
Order Date :- 18.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad