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2025 DAILYLAW 8441 (ALL)

AKASH v. STATE OF U.P.

BAIL/1653/2025 · 2025-03-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33690 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1653 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tyagi,Neha Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent 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 seeking enlargement on bail in Case Crime No. 342 of 2024, under Sections 191(2), 191(3), 115(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Partapur, District Meerut. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 02.12.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 06.09.2024 has been lodged against four named and 10-15 unnamed persons with allegation that they came at the cycle repairing shop of the informant and beaten her husband, two niece very badly with axe, Balkati and also threatened to kill them. The incident has taken place on 04.09.2024 and F.I.R. has been lodged on 06.09.2024 after two days and 12 hours without any explanation regarding delay. Learned counsel for the applicant submits that there is no recovery of any weapons/Balkati, axe from the possession of the applicant. Main allegation has been levelled against co-accused Nikhil and applicant has no concern with Nikhil, he was falsely implicated in this case. It is further submitted that on the similar footing the co-accused, Deepanshu has been granted bail by this Court vide order dated 17.12.2024 passed in Criminal Misc. Bail Application No. 42465 of 2024, therefore, applicant is also entitled to be released on bail.Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those 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 their 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 :- 7.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad