Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13057 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45584 of 2024 Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Amitrana Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Amitrana, learned counsel for the applicant, Shri Prashant Singh, learned Brief Holder for the State-respondents 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, Aslam, seeking enlargement on bail in Case Crime No. 387 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 & Section 25/3 Arms Act, Police Station- Lohiya Nagar, District- Meerut.
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 11.09.2024.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The applicant was arrested by the Investigating Officer during the investigation. Recovery of two pieces chain, four pieces Jhumka and one country made pistol have been shown from the possession the applicant. There is no independent witness of the alleged recovery. This is no injury case. The offences are triable by magistrate. 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. Co-accused namely Sarfaraz has already been released on bail vide order dated 20.1.2025 passed by this Court in Crl. Misc. Bail Application No. 42061 of 2024. Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed the prayer for bail.
5. 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Aslam, 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.
8. 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 :- 24.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad