Akash Dev Alias Akash Alias Raja Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26001 of 2025

Akash Dev Alias Akash Alias Raja

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Pankaj Kumar Mishra
Counsel for Opposite Party(s)	:	G.A.
Court No.- 87

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HON'BLE SANTOSH RAI, J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant Akash Dev Alias Akash Alias Raja with a prayer to release him on bail in Case Crime No.07 of 2025, under Sections 319(2), 318(4), 336(3), 338, 340(2), 3(5) of B.N.S. and 66-C, 66-D I.T. Act, Police Station- Vaidpura, District- Etawah, during pendency of trial.

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Learned counsel for the applicant has submitted that applicant has not committed any offence and he has been falsely implicated in this case. It is submitted that name of the applicant has been surfaced through the statement of arrested co-accused Saurabh. It is further submitted that arrested coaccused Saurabh and one another co-caused Vikas Kumar Baghel Alias Vikki have already been enlarged on bail by Co-ordinate Benches of this Court vide orders dated 29.05.2025 and 18.06.2025 passed in Criminal Misc. Bail Application Nos.14669 of 2025 and 19634 of 2025, respectively. It is further submitted that the other co-accused namely Vikash Shakya, Brahmanand Alias Bablu Jatav and Vivek Kumar Dhakre have been enlarged on anticipatory bail by Co-ordinate Benches of this Court vide orders dated 11.07.2025, 10.06.2025 and 07.05.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 B.N.S.S. Nos.5486 of 2025, 4163 of 2025 and 3099 of 2025, respectively. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. It is further submitted that however,

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BAIL No. 26001 of 2025

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apart from the present case, the applicant is having no other criminal history to his credit and he is languishing in jail since 05.07.2025. The trial in the aforesaid case is not likely to be concluded in near future.

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Per contra learned A.G.A. however, has vehemently opposed the above prayer for bail of the applicant by but coutd not dispute the arguments on facts advanced by learned counsel for the applicant. However, it is submitted that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

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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 IPC/269 BNS.

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BAIL No. 26001 of 2025

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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./84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A IPC/209 of BNS.

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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./351 of B.N.S.S. 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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September 16, 2025 Zafar

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(Santosh Rai,J.)

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Akash Dev Alias Akash Alias Raja v. State of U.P.

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