Allowed

Akash Gangwar v. State of U.P. and Another

Allahabad HC5 Mar 2025BAIL/6534/2025

Case brief

AI extract

What is this about?

Regular bail application in a case alleging concealment of caste to establish a relationship with the victim, with delayed FIR and two prior cases against the applicant. Court held criminal antecedents alone cannot deny bail and granted bail subject to conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions including no tampering with evidence and attendance at trial court hearings.

Akash Gangwar vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:31429

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6534 of 2025

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Applicant :- Akash Gangwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prasant Rathor,Sanjay Gangwar Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Sanjay Gangwar, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 0177 of 2024, under Sections 87, 64, 351(2) of BNS, Police Station - Manikpur, District - Chitrakoot, during the pendency of trial.

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As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by concealing his caste.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about three days and there is no explanation of the said delay caused.

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Learned counsel has also stated that the victim is major aged about 24 years. Criminal history of two cases assigned to the applicant which stands explained as in one case, he has been enlarged on bail and in another case, he has yet to apply for bail.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 30.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

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In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

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In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground of criminal antecedent.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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 .

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Let the applicant- Akash Gangwar , 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.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./ 351BNSS 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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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.

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Order Date:- 5.3.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Akash Gangwar v. State of U.P. and Another

Case brief

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Akash Gangwar v. State of U.P. and Another

Case brief

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