Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28569 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45194 of 2024 Applicant :- Amir Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri A.T. Pandey, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Amir Ahmad, seeking enlargement on bail in Case Crime No. 474 of 2024, under Sections 147, 307, 323, 504, 506 I.P.C., Police Station Kotwali, District Deoria. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. has been lodged against five named and six unknown person. Applicant is named in the F.I.R. The F.I.R. has been lodged after 12 days of the alleged incident. As per medical examination report of the injured, injuries received to the injured are not dangerous to life. Prosecution has been failed to establish the intention of causing such injuries by the applicant. Nothing has been recovered from the possession of the applicant. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Amir 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad