Allahabad High Court
Ashiq Alias Ashish Jatav vs State Of U.P. on 10 March, 2025
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:34380 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4698 of 2025 Applicant :- Ashiq Alias Ashish Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.
2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 149 of 2024, under Sections 489A, 489B, 489C, 489D I.P.C., Police Station Sipri Bazar, District Jhansi during the pendency of the trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of Rs.50,000/- counterfeit currency has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Pankaj Kumar Malhotra has been granted bail by this Court vide order dated 21.11.2024 passed in Criminal Misc. Bail Application No. 33438 of 2024, Pankaj Kumar Malhotra v. State of U.P. The applicant claims parity. The applicant is in jail since 05.05.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. Identically placed co-accused Pankaj Kumar Malhotra has been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost ten months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Ashiq alias Ashish Jatav, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 10.3.2025 SKT/-