Akash vs State of U.P.

Neutral Citation No. - 2025:AHC:35749

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2174 of 2025

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Singh,Rakesh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed by applicant is taken on record.

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Heard Sri Rakesh Chandra Tiwari, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 664 of 2024, under Sections 105, 115(2), 351(2), 352 BNS, Police Station- Robertsganj, District- Sonebhadra, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with three others including co-accused Sanjay Kumar and Ramphal and after considering entire facts of the case in detail, both co-accused Sanjay Kumar and Ramphal have been released on bail by this Court and their bail orders have been annexed along with the supplementary affidavit dated 21.01.2025 filed in support of the instant bail application and on facts, case of applicant is at par with them.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 26.09.2024 i.e. for last almost five months.

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Per contra, learned AGA however, 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 two similarly placed co-accused Sanjay Kumar and Ramphal have already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter for last more than five months, 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- Akash 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 :- 11.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Akash v. State of U.P.

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Akash v. State of U.P.

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