Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14669 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45122 of 2024 Applicant :- Haseen Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shyam Sunder Mishra, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. for the State respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant-Haseen, seeking enlargement on bail in Case Crime No. 234 of 2024 under Section 109 of B.N.S., Section 3/25 of Arms Act and Section 3/5A/8 Prevention of Cow Slaughter Act, Police Station-Ghazipur, District-Fatehpur.
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 07.11.2024; First Information Report was lodged against the applicant and one other person. He has criminal history of four cases which are explained in paragraph No. 11 of the bail application and it is a no injury case. Hence, bail has been prayed for. Learned AGA has vehemently opposed the bail application. 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, Haseen, 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 :- 31.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad