Allowed

Monti Ahirwar v. State of U.P.

Allahabad HC6 May 2025BAIL/5395/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS for an accused charged under Sections 118(1), 288, 109, 351(3) BNSS and Section 3/25 Arms Act after a shooting injury. Court found a case for bail on nature of accusations and evidence without commenting on merits.

What did the court decide?

Applicant released on bail on personal bond with two sureties, subject to conditions including no tampering with evidence and no intimidation of witnesses.

Monti Ahirwar vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:72570

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5395 of 2025

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Applicant :- Monti Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Ms. Priyanka Devi Shahu, learned counsel has filed parcha on behalf of applicant, which is taken on recod.

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Heard Shri Ramanuj Yadav and Ms. Priyanka Devi Shahu, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Monti Ahirwar, seeking enlargement on bail in Case Crime No. 22 of 2025, under Sections 118 (1), 288, 109, 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 Arms Act, Police Station Mahoba, District Mahoba.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 12.1.2025. Learned counsel for the applicant submits that injured has received injuries himself by cleaning the gun. The injuries received by the injured are on the non vital part of the body. The applicant has falsely been implicated in this case due to village party bandi. He has no criminal antecedent 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.

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Learned AGA has vehemently opposed the prayer for bail.

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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.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Monti Ahirwar , 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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.

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

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Order Date :- 6.5.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Monti Ahirwar v. State of U.P.

Case brief

What is this about?

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Monti Ahirwar v. State of U.P.

Case brief

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