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Neutral Citation No. - 2025:AHC:14515 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45046 of 2024 Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shanker Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ravi Shanker Pathak, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Azad, seeking enlargement on bail in Case Crime No. 693 of 2024, under Sections 191(2), 191(3), 190, 109, 118(1), 131 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/25/27 of Arms Act, Police Station- Bannadevi, District-Aligarh.
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 30.09.2024. He has criminal antecedent of three cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that though the applicant is named in the FIR, but no specific role of causing injury/harm is levelled against the applicant. Specific role of causing fire arm injury is assigned to Shahrukh and Amir. Recovery of one knife has been shown from the applicant, but the alleged knife was not blood stained and there is no independent witness of the alleged recovery. Co-accused, namely, Imran Ali, Shoeb and Kamran have already been granted bail this Court vide
order dated 21.01.2025, 27.11.2024 and 24.01.2025 passed in Criminal Misc. Bail Application No. 882 of 2025, Criminal Misc. Bail Application No. 42580 of 2024 and Criminal Misc. Bail Application No.43696 of 2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Azad, 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