Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19529 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45335 of 2024 Applicant :- Ahsan Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. This is a second bail application. First Bail application of the applicant being Criminal Misc. Bail Application No. 27153 of 2024, has been rejected by Hon'ble Mayank Kumar Jain, J. vide
order dated 24.07.2024. Heard Rajiv Kumar Pandey, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This second bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Ahsan, seeking enlargement on bail in Case Crime No. 162 of 2024 under Sections 363, 366 and 342 I.P.C. Police Station-Gabhana, District-Alibarh on the additional ground that the applicant is languishing in jail since last more than nine months. There is contradiction in the statement of the victim under Section 161 Cr.P.C. The applicant 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Ahsan, 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 :- 11.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad