Allowed

Ajay Alias Bablu v. State of U.P.

Allahabad HC3 Jul 2025BAIL/22157/2025

Case brief

AI extract

What is this about?

Bail application under Sections 103(1) and 3(5) BNS for murder. Applicant allegedly drove the bike while the main accused assaulted the victim; charge-sheet filed, no recovery from applicant, no criminal antecedents. Court found a case for bail without commenting on merits.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties, with conditions against tampering, criminal activity, witness intimidation, with trial attendance.

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

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Neutral Citation No. - 2025:AHC:103699

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22157 of 2025

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Applicant :- Ajay Alias Bablu Opposite Party :- State of U.P.

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Counsel for Applicant :- Keshav Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri K. K. Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record.

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The present bail application has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 607 of 2024, under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Loni Border, District Ghaziabad.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that all the eye witnesses are interested parties and the Investigating Officer has not interrogated any independent witness residing near the place where the incident occurred. He further submits that nothing incriminating material has been recovered from the possession of the applicant. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. The role of assaulting the victim has been assigned to main accused Gajendra alias Gajju and the applicant has been assigned the role of driving the bike. The applicant is the younger brother of Gajendra alias Gajju. The applicant is languishing in jail since 01.11.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Ajay Alias Bablu , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 3.7.2025 pks

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

Ajay Alias Bablu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Alias Bablu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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