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2025 DAILYLAW 73949 (ALL)

AKASH v. STATE OF U.P.

BAIL/24182/2025 · 2025-08-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131676 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24182 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.,U.C. Chaturvedi Hon'ble Ashutosh Srivastava,J. 1. Sri Sikandar Khan, learned counsel for the applicant submits that he has served the notice upon Sri U. C. Chaturvedi, learned counsel for the informant, who appears in opposition to the bail plea stating that the matter would be taken up today. Despite service of notice upon Sri U. C. Chaturvedi, learned counsel for the informant has not appeared when the case has been called out. 2. Heard Sri Sikandar Khan, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 64 of 2025, under Sections 191(2), 333, 351(2), 103(1), 3(5) BNS, Police Station Mundali, District Meerut. 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 20.04.2025. The applicant has no criminal antecedent to his credit. Learned counsel for the applicant submits that similarly placed co-accused, Kiranpal and Rajesh have already been enlarged on bail of by the Court vide orders dated 24.06.2025 and 24.07.2025 passed in Criminal Misc. Bail Application Nos. 20084 of 2025 and 22979 of 2025 respectively. He further submitted that since the role of the applicant is identical to that of co-accused, Kiranpal and Rajesh, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity 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, Akash, 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. 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 :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad