Abhishek Awasthi Vs State of U.P.

Neutral Citation No. - 2025:AHC:104156

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17110 of 2025

Applicant :- Abhishek Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Brij Gopal,Devashish Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Brij Gopal, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 28 of 2025, registered under Sections 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station- Shahganj, District- Agra, during the pendency of the trial.

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Contention of learned counsel for the applicant is that that Registry Department, Agra during inquiry found that various entries were not recorded in revenue register. Further, it was found that named accused were involved in manipulating the documents. It is further submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report and during investigation, his named surfaced in the matter. It is further submitted that co-accused, Sumit Agarwal and Chitra Singh, have already been enlarged on bail by coordinate Benches of this Court vide orders dated 11.03.2025 and 07.04.2025 passed in Criminal Misc. Bail Application Nos. 8430 of 2025 and 9933 of 2025 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained his criminal history in the accompanying affidavit.

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The applicant is a law abiding citizen and is languishing in jail since 27.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned counsel for the first informant and learned A.G.A. have opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused persons who have already been released on bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity.

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Let the applicant- Abhishek Awasthi involved in the aforementioned 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, with the following conditions:-

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i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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