Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19591 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45681 of 2024 Applicant :- Umar Mohd. And 5 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by counsel for the applicant today, is taken on record. Heard Shri Mohammad Zakir, learned counsel for the applicants, Sri Yagyvalk Pandey, learned A.G.A. for the State-respondents and perused the record. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Umar Mohd. Arif, Iqbal, Altaf, Sharukh, Rashid, seeking enlargement on bail in Case Crime No. 397 of 2024, under Section 191(2), 191(3), 190, 109(1), 115(2), 352, 351(3), 125 B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Gulaothi, District- Bulandshahr.
Learned counsel for the applicants argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and are languishing in jail since
26.10.2024. He submits that it appears to be a family feud between the applicants and the first informant. Only general allegations have been levelled against the applicants; injuries sustained by the injured are simple in nature; they have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.
Learned counsel for the applicant submits that similarly circumstanced co-accused Afjal has already been enlarged on bail by co-ordinate Bench of this Court on 5.2.2025 in Criminal Misc. Bail Application No. 44878 of 2024. Learned AGA opposed the prayer of bail but could not dispute the
submissions made by counsel for the applicants. 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-applicants, Umar Mohd. Arif, Iqbal, Altaf, Sharukh, Rashid, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 11.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad