Ashu Singh Alias Aashu Singh Vs State of U.P.

Neutral Citation No. - 2025:AHC:588

Court No. - 68

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11155 of 2024

Applicant :- Ashu Singh Alias Aashu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Vipin Kumar Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

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This application under Section 482 of B.N.S.S., 2023 has been filed seeking anticipatory bail in Case Crime No. 259 of 2024, under Sections 191(2), 103(1), 351(3) of B.N.S.S., Police Station Jalapur, District Jaunpur.

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Learned counsel for the applicant submits that the allegation is that the applicant along with other co-accused persons killed the brother of the informant in state of intoxication and hanged his body. It has also been alleged that prior to the aforesaid incident, the informant has given Rs. 30 Lacs to the co-accused/applicant and in order to grab the money, the accused/applicant along with other co-accused committed murder of the deceased. Learned counsel for the applicant submits that the FIR has been lodged after the delay of more than one month and no satisfactory explanation has been given to this effect. He further submits that the deceased was a man of criminal nature and heavy drinker/ alcoholic. He further submits that in fact the applicant had borrowed money from several persons but could not refund the same. It appears that he has committed suicide due to nonfulfillment of his liabilities. It is further submitted that on the similar footing the co-accused Tej Kumar and Pradeep Kumar Alias Pardeep Kumar Singh have been granted anticipatory bail by this Court vide order dated 23.11.2024 and 06.12.2024 passed in Criminal Misc. Anticipatory Bail Application Nos. 10737 of 2024 and 11205 of 2024 respectively, therefore, applicant is also entitled to be released on anticipatory bail. The applicant has no criminal antecedents. The applicant is entitled for anticipatory bail till the conclusion of trial.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the Court if of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Ashu Singh Alias Aashu Singh , involved in the aforesaid case crime be released on anticipatory bail during pendency of submission of police report, on furnishing a personal bond of Rs. 50,000/- with 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 make himself available on each and every date fixed in the matter by the court concerned;

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(ii) the applicant shall not directly or indirectly, make any 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 2.1.2025 pks

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

Ashu Singh Alias Aashu Singh v. State of U.P.

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