Akshayjeet Alias Moni Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Akshayjeet Alias Moni Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Akshayjeet Alias Moni in Case Crime No. 20 of 2025 (P.S. Mansoorpur, District Muzaffar Nagar) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurizing/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; sureties to be verified before the release order; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 20 of 2025 under Sections 308(5), 352, 351(4), 111(2), 111(3), 111(4) of B.N.S., Police Station Mansoorpur, District Muzaffar Nagar, is entitled to bail during the pendency of trial.

Court's answer

Taking into consideration that there is no WhatsApp chat between the parties to corroborate the allegations made in the FIR, and considering the facts and circumstances, submissions of counsel and the evidence on record, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant 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, subject to conditions that he shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; sureties to be verified before issuance of the release order.

Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶18

Detailed headnote1 paragraphs

Bail granted — Case Crime No. 20 of 2025, P.S. Mansoorpur, District Muzaffar Nagar, under Sections 308(5), 352, 351(4), 111(2), 111(3), 111(4) B.N.S. — applicant Akshayjeet Alias Moni in jail since 29.01.2025 — defence of false implication in an alleged extortion case; absence of WhatsApp chats to corroborate FIR allegations noted by the Court — parity urged with co-accused Manjeet Alias Toni, granted bail on 09.09.2025 in Bail Application No. 22441 of 2025 — without expressing any opinion on merits, bail application allowed on personal bond and two sureties each in the like amount, with conditions against tampering with evidence and intimidating witnesses, and with the clarification that the bail observations shall not affect the trial Judge's independent assessment of witness testimony. (Ashutosh Srivastava, J.; decided September 12, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26529 of 2025

Akshayjeet Alias Moni

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Narendra Singh Chahar
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Narendra Singh Chahar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A. for the State Respondent and perused the material placed on record.

Applicant seeks bail in Case Crime No. 20 of 2025, under Sections 308(5), 352, 351(4), 111(2), 111(3), 111(4) of B.N.S. , Police Station Mansoorpur, District Muzaffar Nagar, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. A case of extortion has been foisted on the applicant. There is no WhatsApp chats to corroborate the allegations made in the FIR. There is one WhatsApp call between the two which was a business call, as such, it is a clear cut case of false implication. Criminal history of 5 cases assigned to the applicant has been explained in the affidavit filed support in the bail application. It is further submitted that on the similar footing the co-accused, Manjeet Alias Toni has been granted bail by the Co-ordinate Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 22441 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 29.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but could not dispute the aforesaid fact.

BAIL No. 26529 of 2025

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no WhatsApp chat between the parties to corroborate the allegations made in the FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Akshayjeet Alias Moni, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

September 12, 2025 pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad