Allowed¶10

Aavesh v. State of U.P.

Allahabad HC4 Apr 2025BAIL/2265/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 4.4.2025 by Siddharth, J.; applicant Aavesh; Criminal Misc. Bail Application No. 2265 of 2025; Case Crime No. 557 of 2024; Sections 3/5/8 Cow Slaughter Act; Section 303(2) B.N.S.; P.S. Sardhana; District Meerut; bail granted on parity; co-accused Bholu; Criminal Misc. Bail Application No. 45856 of 2024 (bail dated 18.3.2025); custody since 13.11.2024; personal bond and two sureties; bail conditions incl. Sections 229-A IPC, 174-A IPC, 82 Cr.P.C., 313 Cr.P.C.; AGA did not dispute parity.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the imposed conditions. ¶10

Aavesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the imposed conditions.

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Issue for consideration

Whether the applicant Aavesh, involved in Case Crime No. 557 of 2024 under Sections 3/5/8 of the Cow Slaughter Act and Section 303(2) B.N.S., P.S. Sardhana, District Meerut, should be released on bail during pendency of trial. +1 more

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Court's answer

The applicant involved in Case Crime No. 557 of 2024 is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with conditions imposed in the interest of justice.

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Ratio / Principle

Bail is granted accepting the applicant's parity claim: although the learned AGA opposed the prayer for bail, the AGA did not dispute the claim of parity with co-accused Bholu, who had been granted bail on identical footing.

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Key takeaways

The grant of bail is subject to conditions, including non-tampering with evidence and non-threatening of witnesses, an undertaking not to seek adjournments when witnesses are present, personal presence before the Trial Court on fixed dates, and breach of any condition shall be a ground for cancellation of bail; identity and residence proof of the applicant and sureties is to be verified before bonds are accepted.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.), order dated 4.4.2025 in Criminal Misc. Bail Application No. 2265 of 2025: bail granted to applicant Aavesh in Case Crime No. 557 of 2024 under Sections 3/5/8 of the Cow Slaughter Act and Section 303(2) B.N.S., P.S. Sardhana, District Meerut. Bail allowed on parity — co-accused Bholu had been granted bail on 18.3.2025 in Criminal Misc. Bail Application No. 45856 of 2024, the applicant's case standing on identical footing, and the learned AGA did not dispute the parity claim despite opposing bail. Applicant in custody since 13.11.2024. Release ordered on a personal bond and two sureties each in the like amount, with conditions: no tampering with evidence or threatening witnesses; undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on dates fixed (including charge framing and Section 313 Cr.P.C. statement); breach of any condition to be a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds accepted.

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Neutral Citation No. - 2025:AHC:47987

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2265 of 2025

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Applicant :- Aavesh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Aavesh, with a prayer to release him on bail in Case Crime No. 557 of 2024, under Sections- 3/5/8 of Cow Slaughter Act and 303 (2) B.N.S., P.S.- Sardhana, District- Meerut during pendency of trial.

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Learned counsel for the applicant has contended that the co-accused, Bholu, has been granted bail by this Court on 18.3.2025 in Criminal Misc. Bail Application No.45856 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of coaccused. The applicant is languishing in jail since 13.11.2024.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date

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fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or 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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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 4.4.2025 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Aavesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aavesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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