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Neutral Citation No. - 2025:AHC:29799 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43466 of 2024 Applicant :- Vakeel @ Kale Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit has been filed by applicant, which is taken on record. Heard Shri Mohd. Zakir, learned counsel for the applicant, and Shri Purshottam Maurya, learned AGA for the State and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Vakeel @ Kale, seeking enlargement on bail in Case Crime No. 360 of 2024, under Sections 109, 318 (4), 336 (3), 340 (2) B.N.S. and Section 3/25/27 of Arms Act and 3/5AB/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Khurja Dehat, District-Bulandshahar.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on
10.09.2024. In the prosecution case, it is alleged that on the basis of information received, the police party apprehended the applicant along with other co-accused persons. It is further alleged that the accused persons fired at the police and in defence, they have also fired. In the firing, one applicant suffered fire arm injury in his leg. Co-accused namely, Bukhari and Shakeel @ Hakla, have been enlarged on bail by this Court in Criminal misc. Bail Applications No. 39325 of 2024 and 37963, vide orders dated 07.11.2024 and
09.01.2025. The applicant is having criminal history of 14 cases, which has been properly explained in paragraph 2 of the supplementary affidavit. 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 AGA has vehemently opposed, 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, Vakeel @ Kale, 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 :- 3.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad