Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 77163 (ALL)

AJEET SINGH ALIAS KAUWA v. STATE OF U.P.

BAIL/25005/2025 · 2025-07-21

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119464 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25005 of 2025 Applicant :- Ajeet Singh Alias Kauwa Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 38 of 2025, under Section 109 B.N.S. and Section 3/25 Arms Act, Police Station- Manduvadih, District-Varanasi, during the pendency of trial. It is argued by learned counsel for the applicant that the police, in order to falsely implicate the applicant, got a first information report lodged on 04.02.2025 for the alleged offence under Section 109 of B.N.S., 2023 and Section 3/25 Arms Act against Prem Narayan Singh alias Babu alias Bauva and present applicant Ajeet Singh alias Kauwa. It is pointed out that the allegation of firing on the police personnel has been assigned to the applicant and the co- accused, whereas the applicant was not apprehended at the spot and it is a case of the prosecution that co-accused Prem Narayan Singh alias Babu alias Bauva was apprehended by the police while the applicant managed to escape from the spot. It is further submitted that police personnel did not receive any injury and co-accused-Prem Narayan Singh alias Babu alias Bauva, who was apprehended at the sport, has been granted bail by the Coordinate Bench of this Court vide order dated 23.06.2025 in Criminal Misc. Bail Application No. 20673 of 2025. Apart from this case applicant has criminal history of five cases, in which he has been granted bail and the same has been explained in paragraph No. 3 of the supplementary affidavit dated 13.07.2025. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 05.02.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that case of the applicant stands on better footing to that of co-accused Prem Narayan Singh alias Babu alias Bauva, who has been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a prima facie case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Ajeet Singh alias Kauwa, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 22.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad