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2025 DAILYLAW 112013 (ALL)

ASIF v. STATE OF U.P.

BAIL/46241/2024 · 2025-02-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20202 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46241 of 2024 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of B.N.S.S. has been moved on behalf of accused-applicant, Asif seeking enlargement on bail in Case Crime No. 30 of 2024, under Sections 3(5), 61(2), 238, 318(4), 319(2), 336(3), 338, 339, 340(2) of B.N.S., 2023 and Section 66-C, 66-D of Information Technology Act, Police Station Cyber Crime, District Muzaffarnagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. It is submitted that similarly placed co- accused Sethi already been enlarged on bail of this Court by order dated 05.02.2025 passed in Criminal Misc. Bail Application No.44603 of 2024, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Sethi who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 24.09.2024 having no criminal history. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that co-accused has been enlarged on bail by this Court. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Asif 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 8. 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. 9. 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 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad