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2025 DAILYLAW 111793 (ALL)

BASHIR ULLA v. STATE OF U.P.

BAIL/46218/2024 · 2025-05-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82785 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46218 of 2024 Applicant :- Bashir Ulla Opposite Party :- State of U.P. Counsel for Applicant :- Pranvesh,Rahul Singh Counsel for Opposite Party :- Akhilesh Bharti,G.A.,Kamlesh Prasad Hon'ble Ashutosh Srivastava,J. Heard Sri Pranvesh, learned counsel for the applicant, Sri Akhilesh Bharti, learned counsel for the informant, Sri Vijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 352 of 2024, under Sections 118, 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30 of the Arms Act, Police Station Sarai Akil, District Kaushambi. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The present dispute incident is arising out of a civil dispute. Nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. The injured- informant has not sustained any fire arm injury over his body and remaining injuries are simple in nature except injury no. 1. The applicant is languishing in jail since 30.09.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Sartaj Ali Alias Mohd Taj has been granted bail by this Court vide order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 43923 of 2024, therefore, applicant is also entitled to be released on bail. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Bashir Ulla, 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 :- 17.5.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad