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Neutral Citation No. - 2025:AHC:133656 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24449 of 2025 Applicant :- Ajay Alias Ajju Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- Digvijay Kumar Mishra,G.A.,Vibhav Srivastava Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Alok Sharma, learned counsel for the applicant, Shri Digvijay Kumar Mishra, 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, Ajay Alias Ajju, seeking enlargement on bail in Case Crime No. 227 of 2025, under Sections 124(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kotwali, District- Shahjahanpur.
3. The allegation in the First Information Report is that due to an old dispute regarding land, the accused-applicant along with other accused persons poured boiling oil from a pot upon the sister (deceased) of the informant due to which the deceased sustained severe burn injuries.
4. 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 22.05.2025.
Learned counsel for the applicant submits that no specific role has been assigned to the applicant and ominous allegation has been levelled against him, inasmuch as allegation of causing burn injuries has been levelled against all nominated persons (including the applicant) for throwing boiling oil from a pot by all which appears improbable. He further submits that as per the post- mortem report, most of the injuries sustained by the deceased are superficial to deep burn injuries and are simple in nature. He 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.
5. Learned AGA has vehemently opposed the prayer for bail.
6. 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.
7. Accordingly, the bail application is allowed.
8. Let the accused-applicant, Ajay Alias Ajju, 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.
9. 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 :- 7.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad