Akshay Ahirwar vs State of U.P.

Neutral Citation No. - 2025:AHC:87503

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11442 of 2025

Applicant :- Akshay Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Learned counsel appearing on behalf of the applicant has placed supplementary affidavit explaining criminal history of one case, which is taken on record.

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The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 270 of 2024 under Sections 309(4) & 317(2) of BNS, Police Station - Month, District - Jhansi.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused Rahul Ahirwar has already been granted bail by co-ordinate Bench of this Court vide order dated 30.4.2025 passed in Criminal Misc. Bail Application No. 11187 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 7.1.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

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Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

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Heard Sri Om Prakash Yadav, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA and perused the material available on record.

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Taking into consideration of aforesaid reasons and the fact that similarly placed co-accused Rahul Ahirwar has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant.

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Accordingly, the bail application is allowed.

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Let the applicant - Akshay Ahirwar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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.

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(i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.5.2025

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S.K.S.

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Akshay Ahirwar v. State of U.P.

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Akshay Ahirwar v. State of U.P.

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