Dismissed¶¶17

Awnish Alias Ashish Kumar v. State of U.P.

Allahabad HC12 Aug 2025BAIL/25826/2025

Case brief

AI extract

What is this about?

Awnish Alias Ashish Kumar bail application rejected; BAIL No. 25826 of 2025; High Court of Judicature at Allahabad; Santosh Rai, J.; November 21, 2025; Case Crime No. 68 of 2025; Sections 109, 333 B.N.S.; Police Station Airwa Katra; District Auraiya; petrol poured on sleeping injured; burnt 11.5.2025; 10% TBSA burns chest and hands; UP University of Medical Science Saifai Etawah; chargesheet submitted; in jail since 13.5.2025; no good ground for bail at this stage; trial to be concluded expeditiously.

What did the court decide?

Without expressing any opinion on merits, and considering the submissions advanced, the nature of injury, gravity of the accusation and quantum of sentence, the Court found no good ground to grant bail to the applicant in the aforesaid case at this stage. ¶¶16

Awnish Alias Ashish Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether enlargement on bail should be granted to accused-applicant Awnish Alias Ashish Kumar in Case Crime No. 68 of 2025 under Sections 109, 333 B.N.S., Police Station Airwa Katra, District Auraiya.

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Court's answer

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Ratio / Principle

A specific and separate role was assigned to the applicant in the statements of the injured as well as the informant, and the medical report on record corroborates the injured's statement recorded by the I.O. during investigation.

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Key takeaways

The trial Court was directed to proceed with the trial as per law and conclude it expeditiously, from the date of production of certified copy of the order, without granting unnecessary adjournment, if there is no legal impediment.obiter¶¶18

Detailed headnote1 paragraphs

Bail rejected — High Court of Judicature at Allahabad (Hon'ble Santosh Rai, J.), Criminal Misc. Bail Application No. 25826 of 2025, decided November 21, 2025. Applicant Awnish Alias Ashish Kumar sought bail in Case Crime No. 68 of 2025 under Sections 109, 333 B.N.S., P.S. Airwa Katra, Dist. Auraiya. FIR and the injured's statement assign him the specific role of entering the injured's house on 11.5.2025 at about 10.00 PM, pouring petrol over the sleeping injured saying he would kill him, setting fire and fleeing; the injured sustained 10% TBSA superficial-to-deep burns to chest and hands (hospitalized at UP University of Medical Science, Saifai, Etawah), corroborating his statement to the I.O. Chargesheet already submitted; applicant in jail since 13.5.2025; counsel urged false implication, no recovery and no antecedents. Without expressing any opinion on merits, and considering the submissions, nature of injury, gravity of accusation and quantum of sentence, the Judge found no good ground for bail at this stage and rejected the application, directing the trial court to conclude the trial expeditiously.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25826 of 2025

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Awnish Alias Ashish Kumar

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.....Applicant(s)

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	Versus
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	: Sunil Kumar Dubey	Shukla,	Vipul Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 70

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HON'BLE SANTOSH RAI, J.

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Counter affidavit filed, today in Court, by learned AGA is taken on record.

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Learned counsel for the applicant submits that he does not wish to file rejoinder affidavit and he is ready to argue the case.

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Heard learned counsel for the applicant and learned AGA for the Staterespondents and perused the record.

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This bail application has been moved on behalf of accused-applicant Awnish Alias Ashish Kumar seeking enlargement on bail in Case Crime No.68 of 2025, under Sections 109, 333 B.N.S., Police Station- Airwa Katra, District- Auraiya.

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Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to ulterior motive. Applicant is languishing in jail since 13.5.2025. It is further submitted that nothing has been recovered from the possession or pointing out of the applicant. It is argued that applicant has no criminal antecedents to his credit. It is lastly submitted that since chargesheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that 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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Learned A.G.A. has vehemently opposed the submission of learned

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BAIL No. 25826 of 2025

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counsel for the applicant and submits that applicant is named in the FIR. It is submitted that specific role of pouring petrol upon the injured has been assigned to applicant in the FIR and injured had sustained burn injuries. It is further submitted that as per FIR as well as statement of injured the incident had occurred on 11.5.2025 at about 10.00 PM in the night when the injured was sleeping in his house and he was hospitalized in UP University of Medical Science, Saifai, Etawah. It is argued that as per medical report available on record the injured had sustained 10% total body surface area superficial to deep burn on the vital part of his body i.e. chest and hands and long medical treatment was provided to him. It is further argued that the informant has specifically assigned the role and involvement of applicant in this case and the injured has stated in his statement before the I.O. that applicant had previously threatened the injured to kill him by burning and on the date of incident applicant entered his house and by saying that he will kill the injured poured petrol over him and ran away from his house after setting fire due to which the injured sustained burn injuries. It is next argued that the conduct and behaviour of applicant shows his gross wickedness.

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Thus, specific and separate role of applicant has been assigned in the statement of injured as well as informant. The medical report available on record corroborates the statement of the injured which has been recorded by the I.O. during the course of investigation.

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Without expressing any opinion on merits of the case and considering the submissions advanced, the nature of injury, gravity of the accusation and quantum of sentence, I find no good ground to grant bail to the applicant in the aforesaid case, at this stage.

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The bail application is, accordingly, rejected .

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The trial Court is directed to proceed the trial, as per law and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.

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November 21, 2025 RA

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(Santosh Rai,J.)

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Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad

Awnish Alias Ashish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Awnish Alias Ashish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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