Ashok Vs State of U.P.

This is second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 moved on behalf of accused-applicant, Ashok, seeking enlargement on bail in Case Crime No. 143 of 2024, under Sections 323, 504, 506, 307, 325, 326 I.P.C. Police Station-Kotwali Sasni, District-Hathras, during pendency of trial.

¶10

First Bail application, being Criminal Misc. Bail Application No. 41653 of 2024, of the accused applicant was rejected by this Court vide order dated 06.01.2025.

¶11

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.06.2024. Learned counsel for the applicant submits that present second bail application has been filed on the ground that there is contradiction in the version of the First Information Report and statement of the first informant as in the First Information Report it has been mentioned that the applicant tried to stop the accused persons from beating his father whereas in cross examination he has stated that neither he was present on the spot of the incident nor he has seen the incident. Learned counsel for the applicant further submits that the applicant is languishing in jail since last more than one year. Applicant has no criminal antecedents 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.

¶12

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts.

¶13

BAIL No. 29854 of 2025

¶14

2

¶15

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

¶16

Accordingly, the bail application is allowed .

¶17

Let the accused-applicant, Ashok , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

¶18

The applicant will not tamper with the evidence.

¶19

The applicant will not indulge in any criminal activity.

¶20

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶21

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.

¶22

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

¶23

(Ashutosh Srivastava,J.)

¶24

September 9, 2025

¶25

Deepak/

¶26

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

Ashok v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases