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2025 DAILYLAW 103960 (ALL)

ASIM AHMAD v. STATE OF U.P. AND ANOTHER

CRLA/10280/2024 · 2025-08-11

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:137003 Court No. - 83 Case :- CRIMINAL APPEAL No. - 10280 of 2024 Appellant :- Asim Ahmad Respondent :- State of U.P. and Another Counsel for Appellant :- Chitranshu Srivastav,Ghazanfar Abbas,Pradeep Kumar,Tabish Yusufi Counsel for Respondent :- Brijesh Kumar Singh,G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Asim Ahmad to set aside the order dated 17.09.2024 in Bail Application No.1989 of 2024 (Asim Ahmad Vs. State) and to release him on bail in Case Crime No.0192 of 2024, under Sections 363, 366 IPC and Section 3(2) (V) S.C./S.T. Act, Police Station- Madhuban, District- Mau. 3. As per the prosecution case, on 07.06.2024, daughter of informant went missing from home, and thereafter it is revealed that applicant is said to have enticed away the daughter of the informant. 4. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. It is further contended that victim in her statements under Sections 161 and 164 Cr.P.C., victim has herself admitted that she went with the appellant on her own sweet will and nothing has been done with her and she has also refused the medical examination. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant- Asim Ahmad involved in aforesaid case crime number be released on bail on 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. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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 or to any police officer or tamper with the evidence. 10. 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 :- 12.8.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad