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2025 DAILYLAW 99293 (ALL)

AKHILESH VISHWAKARMA v. STATE OF U.P.

BAIL/32538/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32538 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Mr. Sushil Kumar Dwivedi, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.110 of 2025, under Section 80(2) of BNS, Police Station- Baberu, District- Banda, during the pendency of trial. 4. Learned counsel for the applicant has stated that in the instant case the applicant was enlarged on bail by this Court under Sections 85, 80 of B.N.S. and 3/4 D.P. Act Act vide order dated 23.08.2025 passed in Criminal Misc. Bail Application No.28976 of 2025. Subsequently, final report (charge sheet) was submitted under Section 80(2) of BNS. Learned counsel has further stated that the applicant has not misused the said liberty granted to him earlier on. 5. There is no criminal history of the applicant. The applicant is languishing in jail since 05.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. Versus Counsel for Applicant(s) : Sushil Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Akhilesh Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that the applicant has not misused the said liberty granted to him earlier on, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Akhilesh Vishwakarma, who is involved in aforementioned case crime be released on bail on the previous bail bonds, if already submitted, subject to conditions imposed by this Court vide order dated 23.08.2025 passed in Criminal Misc. Bail Application No.28976 of 2025. 9. In case of breach of any of the conditions mentioned in the aforesaid bail application vide order dated 23.08.2025, it shall be a ground for cancellation of bail. 10. 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 22, 2025 Sumit S BAIL No. 32538 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad