Ankit vs State of U.P.

Neutral Citation No. - 2025:AHC:70403

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4931 of 2025

Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Srivastava,Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.191 of 2024, under Sections 103(1), 61(2), 189(4), 351(2) B.N.S., Police Station Kasna, District Gautam Budh Nagar, during pendency of the trial.

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Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith five others including co-accused Rahul and after considering the entire facts of the case in detail, co-accused Rahul has been released on bail by this Court vide order dated 07.03.2025 passed in Criminal Misc. Bail Application No.8158 of 2025 and on facts case of applicant is at par with them.

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He further submits that applicant is not having any criminal history and in the present matter he is in jail since 18.10.2024 i.e. for last more than six months.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Rahul has

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been released on bail by this Court vide order dated 07.03.2025 and applicant is not having any criminal history and in the present matter he is in jail since 18.10.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Ankit be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 2.5.2025 Zafar

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

Ankit v. State of U.P.

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Ankit v. State of U.P.

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