Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29798 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45298 of 2024 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- Farid Ahmad,G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. Heard Sri Pavan Kumar, learned counsel for the applicant, Sri Farid Ahmad, learned counsel for the informant as well as Sri S.K. Rai, learned AGA for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Danish, seeking enlargement on bail in Case Crime No.503 of 2024, under Sections 109, 351 (2) and 352 B.N.S., Police Station Najibabad, District Bijnor.
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 09.10.2024.
Learned counsel for the applicant submits that present matter relates to money dispute between the parties and same has been compromised between them, a copy of compromise deed dated 23.02.2025 has been annexed along with supplementary affidavit dated 03.03.2025. The criminal history of the applicant has been explained in paragraph no.3 of the supplementary affidavit dated 18.12.2024 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 counsel for the informant as well as learned AGA could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction, compromise deed 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, Danish, 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 :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad