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2025 DAILYLAW 111513 (ALL)

ARVAZ KHAN @ ARBAZ v. STATE OF U.P.

BAIL/46675/2024 · 2025-02-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20427 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46675 of 2024 Applicant :- Arvaz Khan @ Arbaz Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijit Saxena, learned counsel for the applicant, Sri Yagyavalk Pandey, 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, Arvaz Khan @ Arbaz, seeking enlargement on bail in Case Crime No. 132 of 2024, under Sections 307, 147, 148, 149, 323, 504, 506 of the Indian Penal Code, Police Station- Jakhlaun, District- . 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 31.08.2024. He has criminal history of one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. During course of investigation, role of firing has been assigned to the applicant. Injuries sustained by the injured are on non vital part of the body. Learned counsel for the applicant further submits that chargesheet has also been submitted by the Investigating Officer in the matter and no useful purpose would be served by detaining the applicant. 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, Arvaz Khan @ Arbaz, 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 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad