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Neutral Citation No. - 2025:AHC:13086 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45818 of 2024 Applicant :- Safi Alias Sabi Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Tiwari,Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri A. K. Tiwari, learned counsel for the applicant, learned AGA for the State-Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Safi Alias Sabi, seeking enlargement on bail in Case Crime No. 597 of 2024, under Sections 352, 74, 87, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Quarsi, District- Aligarh.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant is not arrested from the spot. He further submits that it is a case of no injury. The victim in her statement has said nothing against the applicant and the entire allegation has been levelled against the co-accused Tabish. The charge-sheet has also been submitted in this case. No useful purpose would be served by detaining the applicant. It is further submitted that on the similar footing the co-accused Tabish has been granted bail by this Court vide order dated 27.11.2024 passed in Criminal Misc. Bail Application No. 42653 of 2024, therefore, the applicant is also entitled to be released on bail. The applicant is languishing in jail since 20.07.2024 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 AGA has vehemently opposed the prayer for bail. 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-applicant, Safi Alias Sabi, 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 :- 24.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad