Neutral Citation No. - 2025:AHC:33897 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42169 of 2024 Applicant :- Jameel Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- Amit Kumar Yadav,Bheshaj Puri,G.A.,Ravindra Sharma Hon'ble Ashutosh Srivastava,J. Heard Shri Bharat Singh, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-respondents and Shri Ravindra Sharma, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Jameel Ahmad, seeking enlargement on bail in Case Crime No. 372 of 2024 under Sections-191 (2), 140 (1), 115 (2), 109, 118 (2), 127 (2), 351 (2), 352 B.N.S. at Police Station Dataganj, District Budaun. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 27.09.2024. First Information Report has been lodged on 25.09.2024 with the delay of one day for the incident taken place on 24.09.2024 against eight named and 8-10 unknown persons with the allegation that on 24.09.2024 when the son of the first informant namely Arshad was reached to Durga Devi Mandir Churaha the applicant and other accused persons have taken him to the house of the applicant, where, the applicant and other named co-accused and 8-10 unknown persons locked Arshad in a room and committed marpeet in which he has received serious injuries and the applicant and accused persons left the victim in the impression that he has died. In the first information report it is also mentioned that some days ago younger brother of the first informant namely Amir was eloped with the Soni daughter of Dakruddin due to which this incident taken place. Learned counsel for the applicant further submits that the real fact is that the injured Arshad entered in the house of the applicant on 25.09.2024 at 3.00-3.30 p.m in intoxicating condition with country made pistol and committed rape with the daughter of the applicant namely Nagama and on hue and cry of Nagma the applicant and his wife reached their then the injured Arshad assaulted the applicant by the butt of country made pistol due to which the applicant received several injuries and thereafter the injured Arshad jumped on the road where some neighbors caught Arsahd and assaulted him and thereafter the applicant and his nephew has taken the injured to the police station. For the said incident the daughter of the applicant has approached the Police and when no action was taken she moved an application under Section 175 (3) of B.N.S.S. before the Court concerned on which a first Information Report was lodged on 05.10.2025 being Case Crime No. 390 of 2024. Learned counsel for the applicant further submits that the first information report was lodged on 25.09.2024 at 11.15 and the applicant was medically examined at the C.H.C. Dataganj on 25.09.2024 at 7.00 a.m. which is the time before lodging the First Information Report. Learned counsel for the applicant further submits that the first informant as well as the injured in their statement have levelled general allegations against all the accused persons including the applicant. Learned counsel for the applicant further submits that the applicant is a senior citizen 72 years of age and is languishing in jail since more than five months. The applicant has no criminal antecedents, as mentioned in paragraph no. 32 of the affidavit filed in support of bail application, 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. Learned counsel for the first informant as well as learned AGA have vehemently opposed the bail application of the applicant by submitting that the the applicant and other co-accused have badly beaten the injured in the house of the applicant, but could not dispute the fact that no specific role has been assigned to the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Jameel Ahmad, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad