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2025 DAILYLAW 80086 (ALL)

AMIT ALIAS KALLA v. STATE OF U.P.

BAIL/26020/2025 · 2025-08-05

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132517 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26020 of 2025 Applicant :- Amit Alias Kalla Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Amit Alias Kalla, who is involved in Case Crime No. 126 of 2025, under Sections 351(3), 109, 190, 191(3), 191(2) of BNS, 2023, police station Karhal, district Mainpuri, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that an F.I.R. was lodged on 19.03.2025 for the alleged offence under Sections 191(2), 191(3), 190, 109, 351(3) BNS, 2023 against seven named accused persons, namely, Ashish Kumar @ Bitta, Abhishek @ Dadua, Abhishek @ Ghantu, Ajay, Aadesh, Anoj, Rambaran @ Mansharam and 7-8 unknown persons. The applicant is not named in the F.I.R. During investigation, Investigating Officer has made 23 persons as accused including the applicant. Much emphasis has been given by contending that out of seven named accused persons, four accused, namely, Ashish Kumar @ Bitta, Abhishek Kumar @ Dadhu, Aadesh and Rambaran @ Mansharam have been granted bail vide orders dated 21.07.2025 passed in Criminal Misc. Bail Application No. 20458 of 2025, 19961 of 2025, 18197 of 2025 and 20942 of 2025 and out of 23 accused persons whose names were detected during investigation, five persons, namely, Anil, Yogendra, Pinku, Urvesh and Anoj have been granted bail vide orders dated 21.07.2025, 17.07.2025 and 19.06.2025 passed in Criminal Misc. Bail Application Nos. 18712 of 2025, 18338 of 2025, 18358 of 2025, 24529 of 2025 and 19698 of 2025. The case of the applicant is similar to them, hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal antecedent to his credit. Lastly, it is submitted 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 23.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did 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 similar footing to that of co-accused Anil, Yogendra, Pinku, Urvesh and Anoj, who have 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 case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Amit Alias Kalla 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, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 6.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad