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2025 DAILYLAW 111048 (ALL)

ANAS v. STATE OF U.P.

BAIL/45574/2024 · 2025-01-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13052 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45574 of 2024 Applicant :- Anas Opposite Party :- State of U.P. Counsel for Applicant :- Maimoona Fatima,Mohd Nasir Counsel for Opposite Party :- G.A.,J.B. Singh Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri J.B. Singh, learned counsel for the informant and Shri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Anas, seeking enlargement on bail in Case Crime No. 70 of 2024, under Section 307 of the Indian Penal Code, Police Station Railway Road, District Meerut. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that in the FIR only general allegation has been leveled against the applicant and nothing has been recovered from the possession of the applicant. Co-accused namely Shoaib @ Gatta has already been released on bail vide order dated 15.1.2025 passed by the co-ordinate Bench of this Court passed in Crl. Misc. Bail Application No. 27364 of 2024. He further submits that the applicant is languishing in jail since 15.07.2024 having no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. 4. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Anas, 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