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2025 DAILYLAW 80229 (ALL)

AKSHAYJEET ALIAS MONI v. STATE OF U.P.

BAIL/26529/2025 · 2025-09-11

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26529 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Narendra Singh Chahar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A. for the State Respondent and perused the material placed on record. 2. Applicant seeks bail in Case Crime No. 20 of 2025, under Sections 308(5), 352, 351(4), 111(2), 111(3), 111(4) of B.N.S. , Police Station Mansoorpur, District Muzaffar Nagar, during the pendency of trial. 3. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. A case of extortion has been foisted on the applicant. There is no WhatsApp chats to corroborate the allegations made in the FIR. There is one WhatsApp call between the two which was a business call, as such, it is a clear cut case of false implication. Criminal history of 5 cases assigned to the applicant has been explained in the affidavit filed support in the bail application. It is further submitted that on the similar footing the co-accused, Manjeet Alias Toni has been granted bail by the Co-ordinate Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 22441 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 29.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the bail application but could not dispute the aforesaid fact. Versus Counsel for Applicant(s) : Narendra Singh Chahar Counsel for Opposite Party(s) : G.A. Akshayjeet Alias Moni .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no WhatsApp chat between the parties to corroborate the allegations made in the FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Akshayjeet Alias Moni, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 pks BAIL No. 26529 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad