Aashik Ali vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25686 of 2025

Aashik Ali

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Janardan Prasad Tripathi
Counsel for Opposite Party(s) :	G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Janardan Prasad Tripathi, 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 Aashik Ali with a prayer to enlarge him on bail in Case Crime No.55 of 2025, under Sections 103 (1), and 238 B.N.S., Police Station-Sikandra, District-Agra, during pendency of trial.

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Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 31.01.2025. He further submits that prior to lodging the present First Information Report, a missing report was lodged on 28.01.2025, by the first informant with the averment that on 27.01.2025 his brother namely Sheru @ Shera went to Tedhi Bagiya and thereafter he has not returned till 28.01.2025. He further submits that First Information Report was lodged by the first informant 29.01.2025, after getting information from Media, about lying kept dead body of a person near pond, with the allegation that the brother of the first informant went to Tedhi Bagiya on 27.01.2025 and at 3.30 p.m. his brother Sheru telephonically informed him that he has come to the home of Ashiq Ali at Tedhi Bagiya, due to some work and thereafter he has not returned to home and applicant and his wife has murdered the brother of the first informant. Learned counsel for the applicant argued that when the deceased brother of the first informant has informed him on 27.01.2025 at 3.30 p.m. about going to home of applicant, he has not disclosed the said fact in the missing report. Learned counsel for the applicant submits that the applicant has been implicated only on the basis of confessional statement. Nothing incriminating has been recovered from the possession or on pointing out of the applicant. Co-accused Sovi Khan, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 15570 of 2025 vide order dated 19.05.2025. Applicant

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BAIL No. 25686 of 2025

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2

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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 aforesaid facts.

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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- Ashik Ali , 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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(Ashutosh Srivastava,J.)

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September 9, 2025

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Deepak/

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

Aashik Ali v. State of U.P.

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Aashik Ali v. State of U.P.

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