Allowed

Ashish v. State of U.P.

Allahabad HC17 Feb 2025BAIL/1183/2025

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Ashish seeking release in Case Crime No. 393 of 2024 involving sections from B.N.S. and I.T. Act. The applicant alleged facts were better than a co-accused already released on bail. The High Court allowed the bail application without expressing an opinion on the merits.

What did the court decide?

Applicant Ashish released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ashish vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:22417

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1183 of 2025

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Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Ms. Sujata Choudhary, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 393 of 2024, under Sections 318(4), 303(2), 317(2), 319(2) B.N.S. and Section 66D I.T. Act, Police Station Jani, District Meerut during pendency of the trial.

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Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons and during investigation applicant has been made accused in the present matter along with co-accused Altamas and after considering the entire facts of the case, co-accused Altamas has been released on bail by this Court vide order dated 27.01.2025 passed in Criminal Misc. Bail Application No. 1647 of 2025 and on facts case of applicant is even at better footing than co-accused Altamas.

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She further submits, all the alleged offences are triable by Magistrate and applicant is not having any criminal history and in the present matter he is in jail since 10.12.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the argument advanced by learned counsel for the applicant and the fact that co-accused Altamas has already been released on bail by this Court and case of applicant is even at better footing than him and all the alleged offences are triable by

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Magistrate and he is not having any criminal history and in the present matter he is in jail since 10.12.2024, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Ashish be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.2.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Ashish v. State of U.P.

Case brief

What is this about?

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Ashish v. State of U.P.

Case brief

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