Subhash vs State of U.P.

Neutral Citation No. - 2025:AHC:139041

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24535 of 2025

Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Devendra Kumar Mishra, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Subhash with a prayer to enlarge him on bail in Case Crime No. 122 of 2025, under Sections 105 and 352 B.N.S. Police StationChharra, District-Aligarh, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 12.05.2025. He further submits that first information report was lodged by the first informant with the allegation that on the date of incident i.e. 04.05.2025, the father of the informant namely Kailash Arora, who was running tea shop in Chharra town, was sitting on his shop the applicant hurled abuses and when the father of the applicant tried to stop him the applicant severely beaten and due to which he sustained serious injuries. The injured was taken to Community Health Centre Chaarra where during treatment he died. Learned counsel for the applicant submits that the First Information Report is delayed by two days without any plausible explanation. In the post mortem report only one ante mortem injury has been mentioned which is also over right leg and the cause of death has been shown as Cardiopulmonary arrest due to Septic Shock. The Doctor, who has conducted post mortem of the deceased in his statement has said

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that the deceased died due to old disease. There was clotting in the heart of the deceased and the same had stopped working. 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, bail has been prayed for.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal antecedents.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Subhash , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 :- 14.8.2025

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Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Subhash v. State of U.P.

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Subhash v. State of U.P.

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